Blogs

Wit, whither wilt?

by Anirban Bhattacharya on in News and current affairs
The first one dates back to the first date of hearing of the landmark decision of Kesavananda Bharati by the Hon’ble Supreme Court***.*** The legendary, Mr. Palkhiwala, who then was a young lawyer rose to argue the matter before the largest ever constituted Bench in the Supreme Court. Since thirteen...

‘IN’ ‘TURN’ ‘SHIT'

by sss on in Blawg-osphere
A very long time ago in a land very nearby, a conversation between an internship committee coordinator and prospective non-profit organizations willing to take interns went something like this: Internship Coordinator : Hello, Bachche chahiye, Bachche? (Hello, do you want/require children at your pla...

Surprise ! (De) Testing Nalsar

by Danish Sheikh on in News and current affairs
NALSAR, like any other law school worth its salt, comes with its own bundle of ridiculous neuroses. What would be special about a place where the machinery gears towards making things convenient for you ? Of course, there’s inconvenience, and then there’s evil. The college’s system of surprise tests...

Write like Kerouac for 3 days and win NUJS fiction compo

by Kian Ganz on in News and current affairs
Crazy fast writing big books Only three more days to bash out prize-winning fiction for the NUJS fiction writing competition , which closes on Sunday midnight (18 April). The theme for this year: “Choose one of the five famous fiction novels (Dr. Jekyll and Mr. Hyde/Robinson Crusoe/Five Point Someon...

04-13-10_-_tough_job
04-13-10_-_tough_job

Legally Drawn is created by Vasanth Sarathy and is published on his blog www.legallydrawn.com

We will be featuring his future cartoons on Legally India.

**Some lessons and insights for lawyers from cricket: 1.) Foreign players are popular** AMSS, the leading law firm in India recently hired Niloufer Lam , a Banking law specialist from UK; recruited an Irish lawyer Paku Khan ; and had UK Chief Operating Officer (COO) in Valerie Bowles . At the same t...
Nowadays I have seen my cows tease the buffaloes. The reason is simple. Cows are lighter in colour and can bear the brunt of this heat. Buffaloes are dark and have to suffer. But my buffaloes spend their time lazing around in ponds and have a good time. Now, when I was taking this road to some place...

Deal or no deal?

by Nandii on in General blogging
I’m writing this in a hurry, so apologies in advance if its a bit abrupt. You see, I’m working on a “deal”. For the (mercifully) uninitiated, a “deal” is a mythical creature with no readily identifiable form or substance. It ebbs and flows- it can lie on the backburner for years enjoying its benign ...

RIGHT TO FOOD- THE NEED OF THE HOUR

by Chandrajit Mukherjee on in News and current affairs
The human right to food has its contemporary origin within the U.N. Universal Human Rights framework. The main reference point is located within the Universal Declaration Of Human Rights (UDHR) (U.N. 1948), Article 25, which states, “Everyone has the right to a standard of living adequate for the he...

MODERN DAY CEPHAS PETER

by Anirban Bhattacharya on in News and current affairs
The following is a hilarious story of a legal proceeding initiated against one of the greatest ruling super heroes of our times on a question as ancient as the one which arose in the second century with Clement of Alexandria ( whether Apostle Peter and Cephas of Antioch were the same person? ) The E...

The concept of Compulsory Voting

by Napster on in General blogging
Compulsory Voting On the 16th of December 2009. Gujarat government announced that it will pass an Act on the ***Gujarat Local Authorities Laws (Amendment) Bill, 2009.***The amendment will voting compulsory for all citizens of Gujarat to vote to elections to a self governing body. This will make the ...

Defining Law in my words

by Chandrajit Mukherjee on in News and current affairs
The large part of law consist of various behavioral perspectives in the form of ‘Duty’ that is, mode of conduct to which people must confirm and by which their actual behavior is judged. Thus, the very concept of ‘is’ law is composed of ‘ought’. it is the ought that acquires the character of law, wh...

SUPREMUS ERRATUM

by Anirban Bhattacharya on in News and current affairs
In the case of S.K. Alagh Vs. State of U.P. and Ors. reported in (2008) 5 SCC 662 the Hon’ble Supreme Court, at paragraph 20 thereof, observed as under: “… We may, in this regard, notice that the provisions of the Essential Commodities Act, Negotiable Instruments Act, Employees’ Provident Fund (Misc...

Modern Bob on Mooting, Monsters and Madness

by Nandii on in General blogging

“I’ve got it, Bob!”, exclaims Katie (Colby, Hewitt and Richards’s pretty young graduate recruitment officer). “We can use the leftover budget to sponsor a moot in India to increase our visibility among law students, you know.”

No sooner do the words come out of her perfect, round mouth than the taste of bile assails mine. I feel a distant pounding in my ears. For the avoidance of doubt, these phenomena are not caused by butterflies of excitement spreading their wings.

\[Please for a moment ignore the ongoing heated debate about the legitimacy of the Mooting Premier League's scoring system and LegalPoet’s good-hearted exhortation of Tom’s, Dick’s, Alice's(?) and Harry’s efforts in [15 CV TIPS: Make RECRUITERS pounce on you like DOGS ON BONES](http://www.legallyindia.com/652-15-cv-tips-have-recruiters-pounce-on-you-like-dogs-on-bones) and [The drunk PIPO](http://www.legallyindia.com/20100328619/News/HIGH-in-COURT-A-Drunk-Mooter-Prays-For-A-Flowing-Stream-Of-Fun)\]

[Listen to ME carefully now.]

My objection to mooting is simple-stripped to its very core, mooting is THE most overrated activity in existence, invented and indulged in by second-rate individuals with diminished libidos.

You see, several years ago, as a fresher I succumbed to the charms of the convenor, and found myself bailiff-ing for a moot court competition. I see today why those four hours of my life were not entirely wasted- based on this harrowing experience, I can proceed forthwith to destroy myths Katie harbours about mooting.

******************************************************************** THE MYTH OF THE BEST TEAM WINNING

Certain rotten and diabolical individuals have led Katie to believe that the competition is between the two teams that are mooting. Nothing could be further from the truth. This disgraceful contest is between the fabulous mooter hero and the villainous moot judge - mano e mano. The other team is just a bonus thrown in to double the fun.

I explain to Katie that it’s the blatant unfairness of the system that gets me worked up.

Here’s the mix. Even the most magnificent mooter has, at best, a vague idea about what he’s arguing. His nemesis, on the other hand, is someone who already knows all the answers (usually by virtue of being provided with a little something called a bench memorandum). The mooter’s faked sincerity mixed with his desperation to triumph against all odds, however, lends to the contest a hint of touching romance.

The audience knows there’s only one way this can end. They may as well have ordered a pizza, rented a slasher movie and stayed at home. Their interest in proceedings is sustained by the variety of methods that are used to humiliate the student gladiator, some examples of which can be found below-

Some judges are not simply content with being all-knowing and all-powerful. They feel the irresistible urge to let everyone else in the room (i.e., friends, foes and most importantly prospective beaus) know that the mooter is actually a dummy. (Well technically- they have good reason to feel smarter than the mooter, armed with that memorandum and being done with law school two decades ago, you’d think?).

Another bunch of judges mistake the mooter’s grand speech for a lullaby and believe a nap would give them greater insight into the meaning of life. Since these judges then go completely dead to the world, they are immune to the mooter’s best weapons- operatic voice modulation and effective hand movements. Disaster.

Another particularly bad kind of judge is the one that is starved of the company of the opposite sex. Stare as much as you want while the pretty girl is speaking, but shouldn’t the ogling stop at least when the fabulous one is strutting his stuff?

By common consensus, the worst kind of judge is a sub-set of 1 and 3 above- the moot judge with great hair who takes a fancy to the mooter’s co-speaker cum prospective girlfriend. Once the mooter realises the threat, caution is cast to the wind and the moot hall becomes an amphitheatre. The only question to be decided is who has the larger manhood. At this point, the moot judge simply performs a delicate CBM operation on the mooter (more commonly known as “Castration-By-Marking”, a procedure pioneered by frustrated law school professors).

Ergo, no team ever really wins. It’s always the moot judge who goes home with his family jewels honour intact and, in most cases, takes the love of the mooter’s life along with him (courtesy: private moot-related feeback sessions for the faultless, devastated co-speaker).

The mooter swears revenge on the judge and the cycle repeats itself ten years later- only this time, the villainous judge is the ex-mooter himself.

*********************************************************************** THE LEGEND OF THE COOL MOOTER Still reeling from this earth-shattering revelation, poor Katie bravely makes the argument that (despite enduring humiliation on such a regular basis) mooters are still revered as the masters of the law school universe. I hate to burst this one. I explain gently to Katie that “Coolness” does not associate with an individual who:

has vivid dreams of winning the award for best ‘oralist’ (not aware that the word actually pertains to the hearing-impaired who communicate by lip-reading, not to mention the word’s new-age definition: http://www.urbandictionary.com/define.php?term=oralist).

has answered a “Whats up?” question at two ‘levels’ (like a duplex apartment);

has worn borrowed spectacles for the intellectual effect;

has sweated profusely in the same black suit several times;

has owned three black ties and never heard of a cummerbund;

shaves rarely, only to miss a spot resulting in a Hitler-Chaplin moustache on D-Day (and a cracked rib for the silently chuckling bailiff);

has never been wrong (especially at interviews where openness to new ideas is assessed);

has carried little post-it notes in his/her pocket on vacations.

cannot tell the difference between non-mooters and annoying insects.

has devoted serious thought and research on whether non-mooters turn out completely normal later in life.

was tolerated in law school solely for his value as a source of late-night cigarettes (so much stress, so many choices- Vienna? Jessup? Lachs?)

*********************************************************************

I could go on. But I stop- pretty Katie is crestfallen. I think she realises her graduate recruitment plan isn’t all that grand (or humane) anymore. As a reward for showing her the light, she suggests we spend the excess graduate recruitment budget on dinner for two at Le Gavroche tonight.

Modern Bob’s your uncle (wink wink).

Once there was a thirsty crow. It was so very thirsty that it could have drunk the whole pond in which my buffaloes and I bathe. But unlike other stories like these, this crow thought himself to be too cool. And the weather was really hot mind you. The cool crow and the hot weather made an interesti...

Decoding the D.N.A legislation in India

by meghna on in News and current affairs
The forensic technology has played an integral role in solving criminal cases. D.N.A (Deoxyribonucleic Acid) tests, first discovered by Prof. Alec Jeffreys in 1985 in England has now become a credible source for identifying a person with the help of his blood, hair, sperm, muscle, nerve or tissue sa...

In the case of an IDIOT

by Anirban Bhattacharya on in News and current affairs
Imagine yourself dealing with a case where your client has been accused of murder. The Prosecution story states that your client was found with the murder weapon in his hand when the police arrived having been sitting calmly in front of the deceased for hours and showing no emotion whatsoever. Furth...

All aboard the Brain Drain Express?

by Nandii on in General blogging

As I smoke my morning cigarette (admittedly a disgusting habit I picked up back in college), I suddenly miss India. I shiver against the wind in cold, dark, damp London. It’s 7.30 a.m. and its pitch dark. Even after three and a half years, I still have times when I wonder what I am doing here.

What makes this the Promised Land? A question I have asked myself (and others) a million times before and one I still haven’t found an answer to.

Since there are a couple of hours to go for work, I set out to make a list of things that could explain possibly why a young wide-eyed law student comes over to (quite literally) the dark side.

Here is what I came up with (in no particular order):

He/she:

has been morbidly fascinated by Yashraj movies from an early age (i.e., ever since he/she learnt what NRI means);

has had dangerous levels of exposure to Monty Python’s Flying Circus;

believes James Bond is a real person;

hopes to get with a hot foreign chick/guy (a separate blog entry shall have to be devoted to this rather fond hope);

is charmed by the accent of the hot chick/guy in 4 above (which he/she later realises is closer to Geoffrey Boycott being strangled than Yes Minister);

wishes that the great tan he/she was born with be appreciated (while his/her friends still use Fair & Lovely/Handsome);

finds out that Europe is closer to London than Bangalore;

wants to be the automatic choice for best leg-spinner in the firm’s cricket team (and he/she wants to rub it in when India beats the South African second XI);

needs more grocery money than the obscene amounts Indian firms pay graduates;

appreciates human-prototype billable hour targets (because donkey-testing is banned in the UK);

wants to sweat less (logical corollary to 10 above. Also related to the weather, although there was a 33 degree Celsius heat wave in the UK last year); or

is certifiable and wants to multi-task (or build his/her CV, which has forever been a favourite hobby of law students- please refer to Multitasking- The ‘certified’ way).

I feel a lot better about things having undertaken this much-needed analysis. I whistle softly to myself as I put on my suit and knot my tie.

The next lot of eager starry-eyed Indian trainees is due to start at Colby, Hewitt and Richards LLP today.

Multitasking- The 'certified' way

by sss on in Blawg-osphere
Again, this is based on a sample of the law school that I study in, situations may differ according to where the person reading the note comes from. Imagine this; ‘A’ is simultaneously presenting a paper on corporate governance, doing an international moot in Vienna and is the convener of the Legal ...
THE CRIMINAL LAW (AMENDMENT BILL) 2010 This is a revolutionary step taken by the Ministry which is looking to amend the existing rape laws in India. The rape laws in India was last amended in the year of 1983 and that to after the Mathura rape case, where the appex cour of India was been harshly cri...
The Bar Council of India (“ BCI ”), in a press release on Saturday, has said that it will file an application in the Supreme Court seeking modification of the order which allowed fresh law graduates to become judicial officers. It said that the BCI and the State Bar Councils are “strongly in favour”...
Thirty years ago, nobody could have accurately predicted the job market of today. The intervening technological progress must be blamed or credited for it. However, we seem to be able today to satisfactorily predict the job market we will have thirty years hence – plenty of machines and Artificial I...
Writing a great legal article is truly amazing. Not only it will be published in a good, well-known website or blog, thereby increasing your brand value and visibility, but also be read by many people who are in need of that information. It may help litigants, researchers, other lawyers or a reporte...

CLAT and the Law of Cognitive Inertia

by JayP on in Career in Law
The distinguished Prof. Shamnad Basheer recently launched an online petition in the form of a poem to make a fervent appeal to the invisible CLAT powers to make the critical shift to a permanent, centralized CLAT body that will conduct the CLAT examination every year. However, every effort till now ...
CLAT 2015 will go down in the history of national competitive exams in India as the most ludicrous and incompetent examination that openly insulted the intelligence of thousands of candidates and played with their careers with an unbelievably sick mentality. The entire CLAT 2015 affair reflected an ...

Connecting Legal field to the fourth estate.

by Nikhil Nair on in Career in Law
Law and journalism are two fields which demand up-to-date knowledge in this proliferating world. Neither of them is stagnant and obsolete. As a first year law student,I used to think that legal profession only meant to argue in courts. It was later that it dawned upon me that legal field has no peri...

Why this Ko-Law-very ??

by Nitin Gaurav Srivastava on in Career in Law
Why This Ko-Law-Very ?? The moment you enter an elite Law school campus,you will be tired of answering this question to everyone, from your Orientation day to Farewell.One simple question -“Why law?” Few oversmart kids would try to impress the first class by saying “Because I couldn’t make it to IIT...
Introduction Law has been the most variegated stream ever since it was incorporated in the human society. When one thinks of a vocation in law the first image that strike its mind is a dexterous person, dressed in black and white, going through some gigantic books, running in and out the court, figh...

Photo by Gulshan Sachdeva, via here.

At the outskirts of the Metropolitan court, life is not so fair and lovely

by amrut patil on in Advocates, the bar & litigation
LIFE IS NOT SO FAIR AND LOVELY At the outskirts of the Metropolitan court, I begin my day with the sight of all street smart lawyers who are out for today’s hunt. The hunters instinct is still seen in them when their roving eyes are targeting their next catch cum client. Sipping the cutting chai and...
What happens when you spend 5 years of your law school having the time of your life. Like literally, time-of-your-life!!! [Time of your life- excludes any such activity that requires paying attention in classes, taking internships seriously, taking moots seriously and/or taking anyone/anything serio...

Unlike Katju, I think “lady lawyers” must be banned from the courts

by Kian Ganz on in Advocates, the bar & litigation
A lady (not a lawyer) Retired Justice Markandey Katju published a blog post today entitled “Lady Lawyers” . In typical Katju blogging fashion (whenever not causing a media storm about judicial corruption), it’s a trip down memory lane starting with his time as a lawyer in 1970 Allahabad. Katju is tr...

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What you can repair is what you own

by Abhay on in Technology, Media & Telecommunications
Last year, European Union has ratified the ‘Right to Repair’ regulation. According to these regulations, the manufacturers of the household electronic appliances i.e. lighting, washing machines, dish washers, and refrigerators, will have to make it easier for the consumers to get them repaired. Thou...

[RTI] 23030 websites/URLs currently blocked in India

by SFLC India on in Technology, Media & Telecommunications
by sflc_admin | October 9, 2017 According to the Cyber Laws and E-Security Group under Ministry of Electronics and Information Technology Group (MeitY), as many as 23,030 websites /URLs are currently blocked in India. This information was received as a reply to a Right to Information application fil...

Digital Security Training in Kochi

by SFLC India on in Technology, Media & Telecommunications
by sflc_admin | October 4, 2017 We live in an era where human activity is producing unprecedented amounts of digital data. The popular saying these days is ‘data is the new oil’. The high value of this data along with the lack of awareness among people about rights has prompted corporations and gove...

Summary Report: Digital Citizen Summit, 2017 (September 21-22, 2017; New Delhi)

by SFLC India on in Technology, Media & Telecommunications
by sflc_admin | September 27, 2017 The second Digital Citizen Summit was organised on September 21-22, 2017 by Digital Empowerment Foundation (DEF) and Friedrich Naumann Foundation for Freedom at India Habitat Centre, New Delhi. SFLC.in was an associate partner of the summit. The summit aimed at fin...

Notable technology and rights related litigations

by SFLC India on in Technology, Media & Telecommunications

Notable technology and rights related litigations

SFLC
SFLC
Software Freedom Law Centre

Defender of your digital Freedom
Defender of your digital Freedom

You have the freedom to choose your color. Pick one:

First published here.

Author: sflc_admin

Workshop on Secure Communication

by SFLC India on in Technology, Media & Telecommunications
by sflc_admin | September 22, 2017 SFLC.in is organising a workshop on “Secure Communication ” in association with Sukhbir Singh, TOR Developer, on Saturday, September 23, 2017, from 11:00AM-:1:30 PM at the SFLC.in premises at K-9, Second Floor, Birbal Road, Jangpura Extension, New Delhi -110014 nea...

[RTI] Darjeeling Internet Ban: 3 months and counting

by SFLC India on in Technology, Media & Telecommunications
by sflc_admin | September 18, 2017 The ongoing Internet shutdown in Darjeeling, West Bengal completes 3 months today. This day, three months earlier, mobile Internet was shutdown in the city due to the ongoing agitation for a separate Gorkhaland. Two days later, on 20th June, the orders were extende...

CCG on the Privacy Judgment

by CCG NLU Delhi on in Technology, Media & Telecommunications
Written by the Civil Liberties team at CCG A 9 judge bench of the Supreme Court of India passed a landmark judgment last week, which unanimously recognized the right to privacy as a fundamental right under the Constitution of India. The Court found the right to privacy to be a part of the freedoms g...

An update on Sabu Mathew George vs. Union of India

by CCG NLU Delhi on in Technology, Media & Telecommunications
Today, the Supreme Court heard the ongoing matter of Sabu Mathew George vs. Union of India . In 2008, a petition was filed to ban advertisements endorsing sex-selective abortions from search engine results. Advertisements endorsing sex selective abortions are illegal under Section 22 of the PNDT Act...

Summary Report: Celebrating the Right to be Let Alone [Sep 02, 2017; New Delhi]

by SFLC India on in Technology, Media & Telecommunications
by sflc_admin | September 4, 2017 On Sep 2, 2017, SFLC.in organized a discussion titled “Celebrating the Right To Be Let Alone” to commemorate the recent recognition of right to privacy as a fundamental right, discuss the privacy judgment, its key takeaways, the impact it will have on pending Aadhaa...
The sub-committee of Insolvency Law Committee (ILC) of the Ministry of Corporate Affairs, Government of India (MCA) in its report dated October 31, 2020 has proposed the framework for the pre-pack and prearranged insolvency resolution process which the Government may adopt with / without modificatio...
Analysis of the Condonation of Delay Scheme, 2018 of the Ministry of Corporate Affairs The Scheme is by way of a General Circular No.16/2017 dated 29 December 2017. It is in exercises of powers u/Ss. 403, 459 and 460 of the Companies Act, 2013. Who can avail the scheme? A company registered under th...
Diwali is one of the most anticipated and celebrated festivals in India. It is also a festival of giving gifts, which is often a challenge for compliance professionals who struggle with policies and nuances of law around this time, on giving gifts that might seem like bribes. Under the Prevention of...

It’s a Yes – for Banks!

by Cyril Amarchand Mangaldas on in Corporate law
The RBI has amended the Master Directions on Financial Services provided by Banks. This is a significant move permitting Banks to invest in Category II Alternative Investment Funds. As of June 30, 2017, Alternative Investment Funds ( AIFs ) had raised the cumulative figure of Rs. 48, 129 crores, aga...
Image credit: Scroll.in, September 26, 2017 Sociologists know that the formation and survival of civilization is conditional upon the universal adherence to a framework of acceptable norms and guidelines of human conduct and interaction. Moses therefore set out as God’s message, the directive to lov...
Financial investors in India are scared of regulatory uncertainties. Not that uncertainties are exclusive to our country but it’s a critical risk factor that is assessed by those making substantial investments. Historically, one of the most important regulatory concerns for such investors is related...
India has long recognised the right of foreign creditors to participate in the winding up of Indian companies. As early as 1961, the Supreme Court of India, in Rajah of Vizianagaram (AIR 1962 SC 500) , clarified that foreign creditors have the same right as Indian creditors in winding up proceedings...
Photo credit: Indian Express, August 23, 2017 Through its historic ruling delivered by a five-judge bench in the case of Shayara Bano and Ors v. Union of India on August 22nd 2017, the Supreme Court of India ( SC ) liberated Muslim women from the perpetual fear of arbitrary and whimsical divorce. Th...
The ability to attract large scale Foreign Direct Investment ( FDI ) into India has been a key driver for policy making by the Government. Prime Minister Modi seems to be going along the right track, with India receiving FDI inflows worth USD 60.1 billion in 2016-17, which was an all-time high. Henc...
On August 31st 2017, the Supreme Court of India in the case of Innoventive Industries Limited v. ICICI Bank Limited* delivered its first extensive ruling on the operation and functioning of the Insolvency and Bankruptcy Code, 2016 ( Insolvency Code ). The Court said that it is pronouncing its detail...