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Jerome Merchant + Partners

Jerome Merchant + Partners, formerly known as P&C Legal, was started by Vishnu Jerome.
30 January 2013

Legally India collects feeds of the most important and interesting third-party news and content for lawyers. Click on the tabs below for the latest updates from each site.

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26 October 2012

Live blog from Saturday: 3rd NLIU Juris Corp National Corporate Law Moot

MPL 4From tomorrow (Saturday), NLIU Bhopal is live blogging the prestigious Juris Corp National Corporate Law Moot. Follow how your friends and mooting enemies are performing through the rounds, right from the comfort of your dorm room.Click on through and keep checking back throughout the weekend.

If your college is running an interesting event and you’d like to live blog it, please do get in touch.{jcomments off}

14 April 2011

As India goes crazy about Anna Hazare, a small reminder.
In Manipur, a woman called irom Sharmila has been on a hunger strike for 10 years because Media does not highlight that.
Let's now do something for Sharmila.........

14 April 2011

Being a law school student means getting enlightened about various laws for a continuous period of 5 yrs, from cases where some stupid insect was found in Beer bottle that led to whole lot of hoopla regarding it and a resulting landmark case slapped on students, to cases of breach of contract, to promissory estoppels. Furthermore, studying many confusing notions, encountering situations when you feel like murdering the professor to see whether its culpable homicide or murder while he is trying to make you understand the difference between the two! There is so much more to it, sleepy classes of Procedural laws, complexities of Constitutional law, times when mind stops interpreting while reading Interpretation of Statues or the burden of Tax laws!

Well, can’t disagree that this only makes us a lawyer, because when we talk, instead of blaming someone for carelessness, we blame for “negligence”, things doesn't happen itself but “per se”, people are not responsible for their conduct but “liable”. The trust is not broken but “breached”. We don’t break the hostel rule but “infringe” them! We don’t notice something but take “cognizance, we don’t call people but “summon” them and people who think ill of us have “mens rea” against us!
This is just to mention the few enhancements in vocabulary law school brings, apart from that we get a great sense of empowerment, as we threaten any outsider who try to mess with us! When at home we threaten to sue almost everyone, from suing the friend for assault while having a fight with him to suing sister under promissory estoppel, thanks to our empowering profession!
Not to forget we are not only empowered but we are also acquainted with many dignitaries. Individuals like Seervai, P.N. Bhagwati, Kelkar, Mulla, Takwani, Hidayatullah etc etc. seems like next door neighbor, just a call away (well, that’s actually right, they are just waiting in for us library!!).
Apart from that we have our amazing interpretive and analytical skill. While for an engineering student, selecting between blue or black will be an easy choice, for a lawyer it will start from the determination whether there is blue or black and then on what criteria can we select between blue or black, which doctrine to apply, which test to refer to and then finally, a lawyer will decide that it can be blue if it is not black or it is black subject to this and that conditions. Well, got confused? Exactly, this is what law school curriculum does to law student and teaches them. There is a saying in this regard, “If you can’t convince the judge, confuse him”. Well as of now we have not reached the stage of confusing the judge but it’s the opposite case, i.e. judgments like Mahabharata confusing us! But no doubt we have become adept in confusing any “non-lawyer”.
While mentioning the special characteristic of law students, how can we forget the academic insects we are, to start with, the projects, and “plagiarism”, the word that comes as a bonus package with it! Trust me, very few people from non legal field know its meaning, but poor us are subjected to its constant constrain. The students generally don’t even make notes, but we even have to make “footnotes” in our project because we CANNOT plagiarize. The academic eulogizer we are, conferences, paper presentation, journals, we do all of these. The piles of books and sections of Act, so aptly characterize a law school student. On the first day of college, the vast journal section freaked me out, that time I didn’t even know how, why and what of them!
So, at the end, we bask in glory of our own story which is Greek and Latin to everyone apart from us! Crack lame legal jokes, freak out, and as law school makes us do, we work like ass and party like an animal (moral of the story is at end of the day, you are an animal, though a legal one!). Well, but I think that is what makes us special and different from the crowd, the empowering and entertainingly engaging nature of our profession J
Source: http://lawschoolsterrace.blogspot.com/2011/02/being-law-student.html
09 April 2011

We won!!! After a massive and unprecedented outpouring of public pressure,the government has given in and met all of Anna Hazare's demands!! 

Over 500,000 of us signed the petition - at one point 30,000 people per hour! The petition was widely covered in the national press as evidence that the anti-corruption movement was growing like wildfire across the nation -- ramping up the pressure on the government. 

This is just the beginning -- there will be more chances for corrupt politicians to stop this bill -- but if we stick together, we can make this the beginning of the end for the poisonous culture of corruption that stifles this nation. Let's take this moment to celebrate together, thank each other, and share thoughts for all the possibilities of the road ahead. Click below to join a live chat of our entire community:


The government delivered a signed commitment to Hazare this morning at 10am, promising to accept a committee to finalize the drafting of the jan lokpal bill that is 50% composed and led by civil society. PM Singh further promised to table this bill for a vote by the next parliamentary session. In response, Hazare has declared an end to his fast. 

The country is buzzing with excitement and optimism at this tremendous victory. We've received a flood of emails of enthusiasm and support. Everyone is saying that this is like the return of the satyagraha movement - to liberate India once again from a new kind of tyranny. But this time Satyagraha has a powerful ally in technology and the way citizens can rapidly mobilize online to join and strengthen the call for change.

Jan Lokpal will set up a truly independent body that investigate and charge corruption anywhere in the government, even the PM's office. It is a dagger aimed at the heart of corruption. Many politicians will do everything they can to stop it, and it will take all of our vigilance and commitment to make sure it becomes law. But it will become law, because today showed that people power is stronger than any corrupt politicians, and now that we know that, there's no going back. A new India is being born, let's build it together.

08 April 2011


Right now, Anna Hazare, a 73-year-old Gandhian, sits fasting in the burning sun, and he will stay until death -- unless the government agrees to consider a powerful law that could rid Indian politics of the scourge of corruption. 

This “Modern Mahatma” is taking the utmost act of courage and determination to push through a bill that would give an independent body the power to punish corruption -- even in the Prime Minister’s office. Across the country a movement has exploded, driving a media storm of pressure that’s engulfing Singh. But dirty politicians are desperately trying to water down or kill the law.

For the first time in forty three years, we have the chance to change the way politics is done. Let's join together and stand with Anna Hazare to tackle corruption and clean up Indian politics. We have no time to lose -- sign the petition to be delivered directly to Prime Minister Singh and reported to the media, and spread the word to everyone:

Click here to sign the petition!--http://www.avaaz.org/en/stand_with_anna_hazare/?slideshow#top

Hazare is championing a citizen-developed bill called “Jan” Lokpal that will create an independent body, selected by judges, citizens and constitutional authorities, with enough power to investigate and punish all politicians. No minister or bureaucrat will be able to influence its investigations.

Since 1968, when this bill was first introduced, greedy politicians have thwarted its passing. Now the government is pushing for a watered down Lokpal with no hope of ending fraud, vice and dishonesty -- it gives politicians overriding power to decide who will be investigated, and is a complete sellout. 

Pressure is mounting on Prime Minister Singh to endorse the "Jan" Lokpal. Members of the opposition party have begun to make the right noises in support of Anna Hazare. And even the National Advisory Council, a powerful advisory body to Sonia Gandhi have come out in favour of the bill. But corrupt politicians and vested interests are doing all they can to kill it. 

Anna Hazare has set the example. But only a national citizens movement can ramp up the pressure to get Singh to endorse “Jan” Lokpal and save Hazare's life.

Click here to sign the petition!__http://www.avaaz.org/en/stand_with_anna_hazare/?slideshow#top

Corruption in politics has become a plague across our country, it is draining our resources and demoralizing our nation. This bill would go a long way to deterring those that steal and undermine the public good. Last year, the Avaaz community in Brazil won an important victory -- against the odds millions of people came together and pushed through a historic anti-corruption law. India has a proud history of people power overcoming oppression -- today if we all stand with one voice we can fight this corruption that is poisoning our political system.

08 April 2011

(1) A note was struck by Apex Court in Superintending Engineer, Public health, U.T. Chandigarh V Kuldeep Singh when it observed: “Every Public servant is a trustee of the society; and in all facets of public administration – every public servant has to exhibit honesty, integrity, sincerity and faithfulness in the implementation of the political, social, economic and constitutional policies to integrate the nation, to achieve excellence & efficiency in public administration. ...”

Contrary to above, the experience is that the holders of public offices treat the authority in their hands, as one bestowing upon them, the status of a ruler rather than one in public service.

Statutory / Public authorities / Public officers, especially highly placed, soaked in arrogance of their powers, generally do not bother themselves to the complaint of Citizens, and their replies sometimes are deliberately illogical and evasive. This essay seeks to engineer an effective answer to deal with this menace.

(2) We, the people of India have so many rights, under the Constitution and under various Statutes, and I thought let us contemplate one more right, that is “Right of Reply”. It is my case that Citizens’ have a right to receive proper reply, of the complaints made to public / statutory authorities.

(3) In fact, in the case of Salem Advocates Bar Association, Tamilnadu Vs. Union of India (UOI), (2005) 6 SCC 344, the Hon'ble Supreme Court, among other things, said - Judicial notice can be taken of the fact that in a large number of cases either the notice is not replied to or in the few cases where a reply is sent, it is generally vague and evasive. It not only gives rise to avoidable litigation but also results in heavy expenses and costs to the exchequer as well.
A proper reply can result in reduction of litigation between the State and the citizens. In case a proper reply is sent, either the claim in the notice may be admitted or the area of controversy curtailed, or the citizen may be satisfied on knowing the stand of the State

In the above case strict duty is cast upon the Public authorities to make proper replies if they happen to receive any statutory notice, either under section 80 of CPC 1908, or under any other statute. I say, when a law recognizes a duty, correspondingly, law also recognizes a right.

(4) It is my case that Citizens’ Right of “Reply” can be traced to preamble and to Article 14 of the Constitution of India and in numerous rulings made by our Constitutional courts. In wealth of the Judgments delivered by our Courts, it is repeatedly affirmed that public authorities must exercise their discretionary powers in a reasoned and justified manner, failing to which leads to inescapable violence to Article 14 of the Constitution of India.
Citizen’s “Right of Reply” is inherent in “Duty to reasoned exercise of discretion by Public authorities”, a duty which is consistently cast upon public / statutory authorities by our Constitutional Courts, in their series of judgments.

(5) It is my case that when the Courts, in their wealth of judgments, lay so much emphasize on recording of reasons by public authorities, in the discharge of their duties even when administrative in nature, the recording of reason in their decision itself presupposes the obligation of giving reply, and not only a mere reply but a reasoned reply. It cannot be said that – whereas authorities are under obligation to make reasoned reply but they are at liberty to not to make any reply.

(6) It is my case that in wealth of judgments, the Courts have insisted upon recording reasons by administrative authorities on the premise that such a decision is subject to judicial review and the courts cannot exercise their duty of review unless courts are duly informed of the consideration underlying the action under review. A statement of reasons serves purposes other than judicial review inasmuch as the reasons promote “thought” by the authority and compel it to cover the relevant points and eschew irrelevancies and assures careful administrative consideration.

(7) When, in the case of M Krishna Swamy versus UOI reported in (1992) 4 SCC 605, the Hon’ble Supreme Court held that any action, decision or order of any statutory or public authority bereft of reasoning would be arbitrary, unfair and unjust violating article 14 of the Constitution of India, then, it is my case that non-reply of any complaint received by any public /statutory authority, is a positive act of omission, an arbitrary, unfair and unjustified decision of that public / statutory authority to not to make a reply, thereby frustrating citizen’s fundamental right enshrined under Article 14.

(8) When, in the case of Srilekha Vidyarthi versus State of UP reported in AIR 1991 SC 537, it was held by the Hon'ble SC that in order to satisfy the test of Article 14, every State action must be informed by reasons and that an act uninformed by reasons, is arbitrary, and arbitrariness is the very negation of the Rule of Law, it is my case that non-reply of any complaint received by State, is an act of omission of the State not informed by reason and thus arbitrary, and thus does not pass the test of Article 14.

(9) Similarly, when, in the case of Union of India Vs Mohan Lal Capoor reported in (1973) 2 SCC 836, the Hon’ble Supreme Court said – Reasons disclose how the mind is applied to the subject matter for a decision whether it is purely administrative or quasi judicial; and reveal a rational nexus between the facts considered and conclusions reached, it is my case that non-reply of any complaint received by any public /statutory authority implies that although mind was applied to the complaint and arbitrary decision was taken by the administrative authority that no reply should be made.

(10) Discretion in reality means a power given to a person with the authority to choose between two or more alternatives or possibilities each of which is lawful and permissible. The concept of discretion imports a duty to be fair, candid and unprejudiced; not arbitrary, capricious or biased; much less, warped by resentment or personal dislike.

(11) I say that our system of governance is founded on the lofty principle of rule of law, wherein the Nation’s power is divided amongst three chief organs, each under a duty to conduct itself in a manner that subserves the common good of all and achieve the objectives of a welfare State. The checks and balances were put as inherent safeguards designed to ensure compliance with the maxim “Be you ever so high, the law is above you”. The dicta of the Constitution is crystal clear; namely, the goal of good governance.

(12) I say that even our Constitution of India give so much importance to the people of India. In our vast, beautiful, geographical landscape of Independent INDIA, i.e. Bhaarat, the Constitution of INDIA, which came into existence on 26th January 1950, is the supreme & fundamental governing volume.
This epic governing volume makes a categorical announcement in the introductory passage that people of INDIA are the architect of this volume. The announcement assumes significance because by this announcement, the fathers of our Constitution intend to acknowledge and give tribute to selfless sacrifice of every men & women who devoted their only life for the independence of INDIA. This announcement is intelligent, designed and purposeful.

There are three chief organs outlined in the Governing volume called Constitution of India - they are Legislature, the Govt and the Judiciary, and all these three organs derive their origin and all powers from this peoples' governing volume.

(13) Also, it is my case that, when the Hon’ble Chief Justice of India Shri S H Kapadia on 15.05.2010 warned the PIL Petitioners that they must first issue notice to the Govt / Public authority before moving courts, and therefore, we the People expect, in principle and in equity, that if that public authority / govt turn a blind eye to the notice and if one has to move court for justice, then this Hon'ble court will also find the occasion to direct that the Govt / Public authority to effectively deal with the issue raised in the complaint / notice.

(14) Recording of reasons will show application of mind and probably this recording of reasons is the only remaining visible safeguard against possible misuse of powers conferred upon administrators of a nation.

(15) I seeks to recall an historic incident of Indian freedom struggle, occasioned with Mohandas Karamchand Gandhi (His Journey towards Mahatma). In the year 1893, when in South Africa, while holding a First Class Compartment ticket and travelling in, Gandhi was thrown out of the train, for in those times “Blacks” were not allowed to travel in the First Class Compartment, notwithstanding they hold a valid ticket. It was 9.00 in the chill night. That designated “Black” sent a Telegram to the General Manager of the Railways and registered his complaint. The Complaint of that designated “Black” was attended, forthwith, the General Manager instructed the Station master to secure that complainant reaches his destination safely. Complainant was accommodated in the very next morning train to his destination. And here, in the era of INDEPENDENCE and 21st Century of modern democracy, we have Citizens of Sovereign India, of whose complaint are ordinarily, attended with great disrespect and sometimes with hostility.

(16) It is my case that grievance of the people must be promptly and properly attended instead of waiting and allowing for it to be translated into court litigation.

(17) It is my case that the giving of satisfactory reply is a healthy discipline for all who exercise powers over others.

(18) It is my case that a complaint to State is the most legitimate incident of a democracy.
(19) It is finally my case that satisfactory replies to complaints are not of some importance but of fundamental importance in State Citizen relationship.

And therefore, it is necessary to trace the evolution and development of law, the emergence of concept of subject & the ruler, and trace the origin of today's concept of Citizens & the State.
At the advent of Human Civilization, ‘Men’ were Sovereign in their own, in the sense that, they were free and were not subject to or bound by any law. Then, men were Ruled by their own conscience and not by codified laws and were even free to the extent of inflicting violence at their will & strength, i.e. Might is right was the scene. Men were guided by own conscience and greed. An action not emanating from reason and the freedom to do as one pleases.
Great Philosopher Thomas Hobbes ( 1588- 1671) says that prior to concept of Statehood, the man lived in chaotic conditions of constant fear. The life in the state of nature was solitary, poor nasty, brutish and short. For getting self protection and avoiding misery and pain, man voluntarily entered into a contract and surrendered their part of freedom to some might authority, who could protect their lives and property, which emerged later on as the ruler and which ultimately culminated into the shape of the State.
With the great passage of time and centuries together, Codified laws evolved and were introduced in human life. Men came together, they voluntarily surrendered their individual sovereignty to State sovereignty, and opted to subject themselves to laws of the land, however, they were promised, in return, the Rule of codified laws. The rule of codified laws purported to promise the safety of their life & their property and also sought to guarantee the general dignity inherent in human person alonwith guarantee that he will not be discriminated. This is how the ancient Social contract between Men & State came into being.
Among various definitions of State given by Scholars of law and by Philosophers, this appears to be more satisfactory and convincing. It is by professor Goodhart. He defines State in terms of its purpose. He states that the purpose of society which we call a State is to maintain peace and order within a demarcated territory. THE MINIMUM AND ESSENTIAL PURPOSE OF THE STATE IS TO MAKE LIFE POSSIBLE

Hugo Grotius (1583-1645) is regarded as the father of philosophical jurisprudence. He said- it is the first duty of the Sovereign State to safeguard the citizen because State was given power only for that purpose.

And therefore, in the backdrop of this ancient social contract, every Society & every Individual Citizen has certain basic assumptions to take it for granted that complaints made to State will be replied.

And where public / statutory authorities don’t reply to complaints, or reply in interplay of words and in genius pretence, than, in my view, the appropriate approach may be, if at all the aggrieved person wishes to move the court of law, to only request said High Court to direct that public / statutory authority to make a Reasoned reply to the Petitioners herein of their complaint dated 00.00.0000. The recording of reasons must not only be intelligible but which will also deal with the substantial points which has been raised therein in the complaint and cover other relevant points and eschew irrelevancies and reply which demonstrate that the authority has given due consideration to the points in controversy and that decisions of the public / statutory authority on the issue raised in the said complaint have been reached according to law.

The most important advantages is that if Writ is filed for this limited purpose, than it may be disposed off in the first hearing, because for passing this order, the Court may not even hear the concerned Public / Statutory authority and may straight away pass order. Secondly, if any such order is passed, than that public / statutory authority is bound to make a reasoned and proper reply, in a time bound manner.

Pls find file attached of - Format of Complaint which may be used;
Format of Writ Petition which may be used; Relevant wealthy Judgments are discussed in format of Writ Petition.

Sandeep Jalan

03 April 2011

The budget of 2011 presented on 28th February of this year by Finance Minister Pranab Mukherjee was reflection of the economy being back to pre crisis trajectory, marking the growth at 8.6% for 2010-11 and provided blueprint for 9% growth rate in the coming fiscal year.


Merits: The Government efforts of debt management and effective control of fiscal deficit are noteworthy, the roadmap laid to bring down government deficit from existing 5.1% to 4.1% for 2011-12 against 13 Finance Commission’s mandate for 4.8% shows the fiscal prudence of the Government of India. The initiatives of fiscal consolidation, rolling out Direct Tax Code and Goods & Services Tax will provide for Simplification of laws, improvement in collection mechanisms and uniformity in tax structure. The government efforts to concentrate this budget on often neglected sectors, provides this budget to be socially concerned especially in areas such as Microfinance , women self help group, rural infrastructure, self employment and Small Industries. The urban assistance in the form of extending priority sector lending to Rs.25Lacs for housing loans will boost the growth of infrastructure, along with increase in FII for infrastructure bonds are positive factors. The inflationary pressure continues to be troublesome to the Government, the reasons assigned by Finance Minister was perishable goods which constitute 70% of the Wholesale Price Index (WPI), allocation of Rs. 7850 crore under Rashtriya Kisi Vikas Yojna and licensing 30 Mega Food Parks will lead to a new era in Indian Agriculture. The extension of Green Revolution to North – eastern States and allocation of funds for this region are praiseworthy. This budget also provided for doubling the salary of existing Anganwadi workers from Rs.1500 to Rs. 3000. Reaffirming the goal of universalisation of secondary education appears to be effective strategies for the Indian development Mission.


Demerits: This budget provided for the control of fiscal deficit but the governance deficit still remains a concern, the number of central government schemes stand at 200, no efforts are taken to consolidate these schemes for effective implementation and control. Secondly, the transfer of subsidies after the awaited recommendation of Nandan Neilkani’s report will be done only at the end of this fiscal year; therefore it will have no implications in this Fiscal year. Thirdly, No administrative and technical platform was provided for DTC and GST rollout and this budget appears to be only a futuristic budget with all promises and no rewards. 



Budget's effect on legal Industry :

This budget expanded the scope of legal services to include services provided by business entities to individuals as well as representational and arbitration services by individuals to business entities.However, there is no taxation on services by individuals to other individuals. For Legal Consulting firms, the code is that they will have to pay service tax even when the clients are individuals. Invitation to taxation also comes from the Arbitrations.The Service tax will be levied on the tribunal arbitrating for a business entity.


30 March 2011


Just take a look around in your friend circle or anywhere else you want to and I am sure you will be easily able to find "I don't have Facebook" kind of people. I know its difficult but it's not that hard to spot such odd entities. It's really strange for someone to not have a Facebook and yes FYI, I don't have a Facebook. The only reason I don't have a Facebook is that it's insignificant and boring, except for the chatting part.

Like the whole world is on Facebook: your friends, teachers, neighbors, your maid, everyone. People who love Facebook including my viral struck friend Aadil do not have a reason for such a liking but since it's the in-thing, they all want to be a part of it. In real life Aadil might not want people to pass comments on him but when it comes to Facebook he wants all his updates to be commented by most of the people in his friend list and this is what makes him happy.

There are myriad features and applications that this website offers. You can establish and like communities, pages and causes. 'Like' feature is quite prominent and you click on like to get connected to anything you want to on Facebook. Well I am not interested in dedicating this post to Facebook but what I really want to do is share one of my experiences with this portal.

So I was just going through Aadil’s page on facebook and I came across Mahatma Ghandi’s page which had 90 k likes to it. Something was strange but I had to leave as Aadil was coming and I knew he wouldn't appreciate the fact that I was accessing his account [my friend Aadil thinks he alone uses his Facebook, he-he]. I clicked on like, that’s it, logged out and left. I couldn’t figure out what was wrong with Ghandi page and this uncanny vibe got ingrained until I logged in through Aadil’s account again in the evening...



... and I was like what is Ghandi? As a matter of fact what has happened to Wikipedia and 90,000 people who have liked the page? It's not like that I am a big Gandhi fan but still there is a reason why he is on the Indian currency. So the misspelled page of Gandhi I feel is not a regular typo but a blunder on the part of Wikipedia and approbation of 90 k people is a travesty of what these freedom fighters stood for. 

As for me a moments back I have unliked this page. I am not trying to be a patriot and no I have not made a new "I love Gandhi" page but still wanted to share something which Wikipedia and 90,000 people blatantly dodged. 

Websites like Wikipedia are a source of great information and most of the people including myself depend on it for most of the stuff, but then seeing this makes me apprehensive about whether the information delivered by it is worth relying? 

This brings me to our very own LegallyIndia.com. It's informational, has blog, has chat thing to it and even has a very adorable Legallypedia with all its terms and conditions for us. Till now it seems to be doing good, actually great; but who knows after some time when maybe the layout of Legallyindia changes and it gets bigger and better, it might follow the steps of  Wikipedia. I wish I am wrong and I hope you didn't find this post mind-numbing.

P.S. When I wrote this post few days back, only 90 k people had liked the page of Ghandi, but as I complete the remaining part of it, another 14,000 people have joined the suck fest.

Click to visit the page of Mahatma Ghandi

Read: "A Conspicuous Yet Nascent Debate on Euthanasia in Our Country".







30 March 2011

By introducing all india bar exam no useful purpose has been served in the field of legal reform  answer to many question are not correct according to legal india  . Many intelligent students did not appear in bar exam due to their family circumstances   . a large number of candidates  who are said to have clear the the bar exam still do not know the basic of law i wonder what is the testing stone of evaluating there knowledge . You cannot judge the legal knowledge of a person by mere  putting right tick mark on the answers. in orrisa only only 18 students appear in bar exam what about the rest who not appear in exam are they still practicing? you must think positively and closely to assess the legal aptitude of a candidate otherwise bar exm will prove unluck game not a step towards legal reform 


28 March 2011



 Corruption has never been an “alien” for millions of Indians. It has crept so comfortably in our life that we no longer consider it as a major topic to discuss over. Admission of wards into schools and colleges, getting a railway berth, getting a passport, getting a stamp paper, these are very few out of a long list of our daily life activities where corruption has taken an indelible position. We really don’t care about it these days as we have become so used to it.

But can corruption threaten our nation internally as well as externally?? Does corruption have the potential to choke the very survival of our country??

Corruption is a cancer which loathes breathing within a boundary. First it spreads internally and then its symptoms begin to appear externally. Huge Corruption in implementing government policies lead to wide scale economic disparity in the society. When this gap pushes extreme poverty, the illiterate and starved population fell prey to the mature exploitation of callous politicians and anti-national elements. The stolid poverty and indifferent government wean people from the moral standards of society and pillars of democracy at last.

Supply of food, money and arms give them power to tackle the system embroiled in layers of corruption. After some period of time, they are compelled to follow the path chosen by their suppliers. That path can lead them to part time burglars to full time naxalites or terrorists. Rotten branches are always easier to sever from the tree than a firm one. Voices of separation and overhaul of India’s rule have already started to rise from different corners of India. And there are many corners of the country sitting on the bed of dynamite just waiting for the slight lit of a lighter. This is how corruption dilapidates our country internally.

India is the second fastest growing economy in the world. India’s rise put some fine lines of wrinkles on the faces of statesmen of the so called ‘friendly’ countries. Ironically their concerns are eased by none other than India herself. A recent article, published in “The Hindu” newspaper, put some light on this diplomatic resolution of ‘wrinkles’. U.S offers scholarships to broods of top bureaucrats, diplomats, military officers and potential politicians based in New Delhi.

The relaxation in Visa norms, extension of Visas and ease in grant of green cards are some of the small favours, U.S is already offering to please our policy makers. All of us know these favours are not token of friendship or selfless act of diplomacy. Getting huge arms deal, power projects and heavy infrastructure projects of the budding economy at huge cost are some of these exchanges in lieu of those ‘Coveted’ green cards for the broods.

This is one of the many ways; corruption exposes India’s vulnerability externally and establishes India as a soft state on the world map. Five years back, the topic of my article was ‘Will India ever get rid of corruption?’ I am still guessing. And you?

27 March 2011

Who indiscriminatley kills hundreds with a bomb we call Terrorist 
and who indiscriminatley kills thousands with a TSunami we call God......
Amazing na........

23 March 2011

I, not from my knowledge in law but by the reason of watching Sunny Deol starrer movies, have a fair idea of how an F.I.R. is launched but something, which has pierced my brain since that time is, who registers F.I.R. against people who are assigned the task of guarding the constitution?, who registers complaint against influential people?, who registers complaint against police?.

I am not looking into specific laws, which exist, in our acts guaranteeing equality, freedom and liberty because even you as well as me, are aware of their efficiency. They better not be a topic of discussion even. The incidents in Jammu and Kashmir, to be specific and many other small towns and villages, where such incident go unnoticed show how strong our legal texts stand to grant protection. Our law provisions fail, when it involves a politically fat leader, money rubbing businessman or police commissioner as accused, since they have enough source to not allow registration of F.I.R…and mind you “unless F.I.R. is registered there lies no legal remedy.” So, who register F.I.R. here? I, in my criminal classes have read few cases, where N.G.O. came to rescue but my count in that case was restricted only to 5, what about other such incidents? Our laws are very stringent and guarded by wolves, hence to come up and fight for your rights, only thing, which requires efforts, is coming up…because fighting is easy if you know the "power". That reminds me of another popular saying in our college “ to win a case either know law or know lawmakers.” I personally prefer law but have clear idea that only acquaintance with law maker can help me, law has no influence because they can be modified whenever power desires.

I do not want to include any legal text to prove my case but general day experience of my school life, which I am sure everyone must have seen. Remember that fat bullish, “Thakur” who went around class whistling over girls, beatings studious geeks, pestering teacher and walking in the middle of 10 people who in Indian terms are called “chaile”…comedy yet serious, I never talked to him…I knew his Dad was a police officer and that was enough reason not to complaint against him, not to retaliate when he beats you but only apply Dettol and tell your mom, “I fell”. For a reason parents believe its always-there child at fault, so let the incident die. But I am sure his Dad wont find his son at fault…after all he is a public servant who with his power now rules them. 

This brings me to my conclusion, how to ensure that every person realizes their right to register an F.I.R. when the pen and book is owned by the accused themselves? Why would they use their own ink to complaint against them own selves?, why would they incriminate person who runs their account of tea, coffee and even late night parties at “desi sharab ka thaika”? Now how can we ensure ethical running of our legal system…change police and judge…not practical, change laws….crap there are so many of them which do guarantee we wont be exploited, but of no use…only recourse left is try, try and try…when unsuccessful, buy justice through your own money and finally “ you are under arrest”


16 March 2011

Note: The only reason I post this is because plagiarism has become a habit most law schoolites have become unnervingly comfortable with; this is the only nexus the topic has to law in general. Hopefully it will remind all of us that we were not brought up to respect copycats. I do not aim to offend, but if you are offended, you should know that it's probably for very good reason. I really do believe everything I've said here, but differing opinions are fine, at least they're evidence you're thinking. ;-)

 Let me be the first to point out that I'm one of those despicable hypocrites (is there any other kind?), one who regularly allows terrible work to be credited to her name, work that can't really even be called 'hers' unless you subscribe to the notion that research equals copying on a mass scale, which I don't.


I often allow myself to submit shitty work because I am stupendously, flagrantly lazy, but I can still argue for myself that the words, the construction and the conclusion are all mine, which is unhappily more than I can say for a lot of people. Is that enough? Absolutely not. does it bother me? Yes, as it should bother all of us. We need a good amount of discomfort to shake up this self-congratulatory stupor we're all asleep in.


Some of my friends and I were having a discussion the other day on plagiarism and why it's wrong, if it's wrong at all. We've all heard that utterly depressing monkeys-with-typewriter analogy, and some of us have on occasion cracked that particularly infuriating joke about research being copying from ten people rather than one. As much as you'd like to believe it, monkeys will not ever, in any number, write anything of note during our lifetimes, and neither will you, if you seriously believe that 'research' equals 'copying'.


By 'originality' in this context, I mean simply that the one who claims credit for an idea should have come to it by aid of his own thought process, regardless of whether somebody else had thought of the same thing at any other point in history (copyright jurisprudence uses a similar measure of 'originality' I think).


We must be original. Even when faculty can't tell the difference, the college doesn't care and our post-lunch nap is calling to us, we must fight the urge to download+print, and we must be original.


Why must we be original?


Because ideas are our only real wealth. Ideas are the only thing of any value, and I'm not referring to an airily vague abstraction of some distant moral 'good'-ness, i'm referring to cold-hard-cash-notes-in-your-butt-pocket value. Ideas are the little golden flares of magic thought sparked off your skull when the world collides with you everyday. Ideas are our closest shot to the fame, power and Russian-starlet-wife ideal we lust after collectively. There is probably only one really good idea for every thousand bad ones, which makes it even more important to stay within the habit of thinking, to have those terrible ideas so you can find that elusive good one.


Consider this - we lie in beds someone else made, eat food someone else grew, wear clothes someone else made, read books other people wrote, watch news about other people. We talk to, think about, even frame our public opinions carefully around the sensibilities of the people we care about. What do we have left if we outsource even our thoughts to other people? That is really the last frontier, so when we allow it to fall, what claim to individuality, to sentience, to humanity do we have left?


Ideas can, if you look at the far end of the scale, spark revolutions; but what use is a revolution to that creature of comforts, a corporate lawyer? So consider instead that ideas can also start companies, or firms. Ideas can start firms, create policy, invent concepts, sell those concepts, push legislation, repeal legislation, shut firms down and start other ones.


Those of us who've done our litigation internships are only too aware that litigation does not stop with blind reliance on caselaw, even though that's the best that most of us are capable of. Law schools teach us economics, political theory, sociology and jurisprudence so that we are never lost for an argument or an idea, and after years of absorbing all of that, if we find ourselves incapable of creating a simple argument from first-principles on demand, say for an assignment or a project, we should be ashamed of ourselves and of a permissive system that lets us operate consistently at a level that is beneath our intelligence and should be beneath our contempt.


It's easy to dismiss all of this as the ranting of an ideologue, but I am not an ideologue. the assessment system of my college is very tough on us, and given the nature of the course we study, sometimes we could be forgiven for thinking that ideas are a dime a dozen and have no real value at all. But cynicism aside, ideas cannot be undervalued.


Globalisation has shown us that we have choices beyond what our parents ever dreamt of at our ages, and the recession has shown us that blind belief in concepts we've always pictured as 'safe' - houses and banks - can destroy us. With only the slightest exaggeration I can say this is in many ways a post-apocalyptic world, and I believe that entrepreneurs are the only people who will survive it. Ideas have always been important, but they will never be more important for us as a young nation, than right now.


Isaac Newton once claimed that in his work, he was standing on the shoulders of giants. We, on the other hand, are snoring at their feet. It's time to wake up, shake off the laziness and self pity and change that, at the risk of becoming - as a generation of lawyers - first wrong, next incompetent, and finally –




16 March 2011

Legal Research has always been one of the most important activities in the life of a law student. It would not be wrong to say that these are the law students who are most capable in analyzing a topic in the legal context. Everyday several incidents take place in the society and sometimes there come certain questions in our minds i.e. “Was that the Right thing?”, “Was not there any legal provision which could have been applied in that particular scenario?” etc. The next question which comes in our mind is that what we can do in that particular scenario. The basic step which should be taken is to analyze that particular topic, but how would it be possible to analyze it is the next question. And here lies the need of doing a research on that particular topic, not analyzing it in the social context but in the legal context. And for this purpose, the idea of creating a blog i.e. “The Legal Junction” originated which can serve as a platform for legal information not briefly but thoroughly. This blog would enable one to get information of each and every aspect of several topic related to legal issues, sometimes social issues which are to be analyzed in the legal context.


When someone starts searching information about a particular topic, sometimes he gets confused as to which place he should go to. And it might have happened with you also, and this is one of the main reasons for creating this blog. But it is not possible to covert an idea into reality without a team. It has always been argued that it is always better to have a team rather performing a task alone.  And for this reason, we invite applications from you, the law students, so that you and we and work together and make this initiative a success.


Why Law Students?

As law students, it is very important for us to indulge in the activities related to legal research. It not only enhances our research ability, but it also strengthens our analytical skill. We make ourselves busy in several activities like mooting, academics, debate etc. But it is also our task to analyze a legal topic which is of some social and legal relevance. Take for example, the recent decision delivered by the Supreme Court on ‘Euthanasia’ or ‘Mercy Killing’. Now what we can do as law students is to review that particular judgment, indulge in research which relates to the origin of euthanasia, its applicability in the international scenario, euthanasia and Indian Law, case laws related to it and whatever we can do. Moreover, it would enhance the legal knowledge which would surely help a student. Academic study is what everyone indulges in, even if he doesn’t want he has to but this blog will provide you a platform to express your views. Sometimes, we think of doing something but we remain confused as to what should be the platform through which we can do such activity.


It is true that life in a law college is quite tough with number of cases, projects, tutorials, presentations, seminars, mooting etc. But, this work won’t take much time from your daily routine. Even if you are able to spend half an hour each on this, it would suffice. Applications for the membership of this blog are invited only from those students, who think that they would be able to write researched articles on a regular basis. We write articles for law journals, law reviews and for many other publications, but that is done once or twice in a year. Through this blog you can write an article on any legal issue which you are interested in, and whenever you want. It can be constitutional, criminal, commercial or any other topic which you think fits you. There are no hard and fast rules in choosing topics only from a particular area, that would make your task easier.





 There are several articles which are available in various law journals, law reviews but again the question is “Are these law reviews and journals available to every person through a simple means?” The answer to this question would be ‘No’, as these law journals are either available at a slightly high cost or most of the persons (exclude law students) are not aware of these publications. Through this blog, a well researched article would be available to everyone through a simple means. If you think it is a waste of time, then surely there is no need to apply. But in case you are confident that you would be able to write articles on legal and socio-legal topics, then it would be great pleasure for us in working with you. There must be quite a few law students who would be interested in writing articles on these topics on a regular basis, and if you are one of them then please feel free to apply


Our aim is to make this blog as a platform for everyone related to legal field. Moreover, we are aiming to make it as a platform which would be visited by a person whenever he would think of searching a legal article or some information on legal topic. Our aim is to provide comprehensive legal researched articles based on contemporary issues or issues of socio-legal importance. It would serve as a place where thorough information on legal issues could be collected and that is why we have termed it as “The Legal Junction”. It has made us to think a lot before terming it, and if we get your support then it would not be difficult to make it as one of the best place for legal information. In case you want to express your views through the means of a Legal Fiction, then also your contribution would be highly appreciated.




The blog has been created to make sure that that domain name would not be reserved by anyone else. But it would come into existence once we have enough posts from our permanent members and some guest posts. We are planning to start this blog in the mid of May, 2011(Date would be notified later). As it would be started in the month of May, there is an ample time for you think whether you want to join us or not. Moreover, there would be ample time for you to write article/s. To make this effort a reality, we desperately need your support.


Suggestions of the members to make this platform better would be of utmost importance.




Number of Members/Authors whose names would be listed on the Blog Page – Seven to Ten


A member would be able to post articles on his own; he would not have to ask anyone before publishing an article. Moreover, he would be able to post the articles written by any law student as ‘Guest Post’.


Names of the law students would also be listed in the Blog who want to contribution through guest posts, but they would not have any right to publish their article on their own. They have to contact any of the members in order to get their article published. 


Interested law students from any Law University should send their names to “” as soon as possible in order to finalize the names of the members. We are considering it a hard task to search the persons who can serve as members for this blog. Moreover, it is a huge challenge in front of us to make this blog a happening place in front of the legal fraternity. The 1st deadline for receiving the applications would ne 1st April, 2011. Thereafter, next deadline would be declared in case of insufficient applications. The membership would not remain permanent and it would cease in case author fails to write an article for a long period of time.


We are in an initial stage and your support would always be welcomed from our side. And if you want to contribute a guest post, then you can send your article/review/Legal Fiction to 




The selected  members/authors would be required to send their articles by 4th may, 2011.


There is no particular topic as such, but is should reflect the thorough analysis and the views presented should be clear. Moreover, it must be your own work.


Citation is discouraged, instead of that authors would be required to mention the references which he/she has used while writing the article.


Word Limit –

Articles – 3500 – 4000 words

Legal Fiction – More than 2000 words

Review – 2500-3000 words.


Font style – Garamond


Font Size – 13


Waiting for you contribution eagerly.



Abhinav Shrivastava (Founder, The Legal Junction)

1st Year,

WBNUJS, Kolkata


PS : Our Team is forming well and we are going to do lots of work soon!


15 March 2011

What is DNA TEST?

DNA test or ‘DNA Profiling’ as popularly known is a technique in which a sample of DNA is run through a laboratory assay to generate information about it, looking specifically for DNA which could identify the source of the sample, or be used as a base of comparison between two samples. This technique is used at various places for different purposes ranging from law enforcement to Medical Treatment. The technology of DNA Test was first reported in the year 1984 by Sir Alec Jeffrey at the University of Leicester in England. Soon after this incident, it became one of the most important technologies to be used in the Forensic Science. In the publications in 1985 by Jeffery and his colleagues, the term ‘DNA Fingerprint’ carried the connotation of absolute identification. Forensic DNA typing which was first used in the year 1985 in casework in United Kingdom was initiated in the United States in the late 1986 by the Commercial Laboratories and in 1988 by The Federal Bureau of Investigation, which is now used in a number of cases relating to crime, divorce, adultery etc. In forensic application, minutiae in the fingerprint patterns, not ridge counts, are used for personal identification.

The test for the admissibility of scientific technique enunciated in Fyre v. United States has been the most frequently invoked one in American case law. But in practice, the court is much more involved in applying the law which was enunciated in Fyre case, there are various factors which are being determined by the court which includes the identification of the authenticity of the evidence. Its applicability has been varied from case to case in the United States, but the principle evolved in the Fyre’s case soon became quite helpful in solving many cases relating to various issues with the help of DNA Technology.

DNA Test and the Indian Legal System

The application of DNA testing has been used in India for a long period of time. Sometimes, it has been used to resolve certain question which sometimes becomes very difficult to resolve such as “Has the crime been committed?”, “How and when was the crime committed?”, “Who committed the crime?”. You must be aware of the incidents of the movies when an inspector finds something at the crime spot i.e. blood, hair etc. Now what is the use of these material evidences in the investigation? The answer is very simple, that these material evidences help them in determining as to who was actually present at the place where the incident happened. DNA technology has also been used in the civil cases, to determine the biological relationship between a two or sometimes three individual. Usually, it has been used to determine the paternity of a person, where a person denies being the biological parent of a person. DNA parentage testing may help a person in absolving him from the charge of being the biological parent of a person, but it cannot be trusted to prove absolutely that a person is the child’s biological parent; however it can provide a probability.

The admissibility of the DNA evidence before the court always depends on its accurate and proper collection, preservation and documentation which can satisfy the court that the evidence which has been put in front it is reliable. There is no specific legislation which is present in Indian which can provide specific guidelines to the investigating agencies and the court, and the procedure to be adopted in the cases involving DNA as its evidence. Moreover, there is no such specific provision under Indian Evidence Act, 1872 and Code of Criminal Procedure 1973 to manage science and technology issues. Due to lack of having any such provision, an investigation officer has to face much trouble in collecting evidences which involves modern mechanism to prove the accused person guilty.

Section 53 of Code of Criminal Procedure 1973 authorizes a police officer to get the assistance of a medical practitioner in good faith for the purpose of the investigation. But, it doesn’t enable a complainant to collect blood, semen etc for bringing the criminal charges against the accused. The amendment of CrPC by the CrPC (Amendment) Act, 2005 has brought two new sections which authorizes the investigating officer to collect DNA sample from the body of the accused and the victim with the help of medical practitioner. These sections allow examination of person accused of rape by medical practitioner and the medical examination of the rape victim respectively. But the admissibility of these evidences has remained in a state of doubt as the opinion of the Supreme Court and various High Courts in various decisions remained conflicting. Judges do not deny the scientific accuracy and conclusiveness of DNA testing, but in some cases they do not admit these evidences on the ground of legal or Constitutional Prohibition and sometimes for the public policy. There is an urgent need to re-examine these sections and laws as there is no rule present in the Indian Evidence Act, 1872 and Code of Criminal Procedure, 1973 to manage science and technology issues.

Many developed countries have been forced to change their legislations after the introduction of the DNA testing in the legal system. There are certain provisions which are present in the Indian Evidence Act, 1872 such as section 112 which determine child’s parentage and states that a child born in a valid marriage between a mother and a man within 280 days of the dissolution of the marriage, and the mother remaining unmarried shows that the child belongs to the man, unless proved otherwise but again no specific provision which would cover modern scientific techniques. DNA analysis is of utmost importance in determining the paternity of a child in the cases of civil disputes. Need of this evidence is most significant in the criminal cases, civil cases, and in the maintenance proceeding in the criminal courts under section 125 of thr CrPC.

The introduction of the DNA Technology has posed serious challenge to some legal and fundamental rights of an individual such as ‘Right to Privacy’, ‘Right against self-incrimination’. And this is the most important reason why courts sometimes are reluctant in accepting the evidences based on DNA Technology. Right to Privacy has been included under Right to Life and Personal Liberty or Article 21 of the Indian Constitution, and Article 20(3) provides Right against Self-Incrimination which protects an accused person in criminal cases from providing evidence against himself or evidences which can make him guilty. But it has been held by the Supreme Court on several occasions that Right to Life and Personal Liberty is not an absolute Right. In Govid Singh v. State of Madhya Pradhes, Supreme Court held that a fundamental right must be subject to restriction on the basis of compelling public interest. In another case Kharak Singh v. State of Uttar Pradesh, Supreme held that Right to Privacy is not a guaranteed right under our Constitution. It is clear from various decisions which have been delivered by the Supreme Court from time to time that the Right to Life and Personal Liberty which has been guaranteed under our Indian Constitution is not an absolute one and it can be subject to some restrictions. And it is on this basis that the constitutionality of the laws affecting Right to Life and Personal Liberty are upheld by the Supreme Court which includes medical examination. And it is on this basis that various courts in the Country have allowed DNA technology to be used in the investigation and in producing evidence. To make sure that modern technologies can be used effectively, there is an urgent need of a specific legislation which would provide the guidelines regulating DNA Testing in India.

The use of DNA Technology is very frequent in the cases related to paternity issues. It was the Delhi High Court which set the precedent in 2008 for determining paternity in the case of child maintenance suit. In this case a man filed a suit claiming that he was not the father of the child for whom his wife was maintenance (Ravindra v. Sonam – Names have been kept anonymous by the court due to privacy reasons). The suit was dismissed by the Trial Court, but it was allowed by the High Court and held that The parentage of the child can only be determined by a DNA test. The liability to pay maintenance under section 125 CrPC can be avoided by the petitioner with respect to this child only if it is established that he is not the biological son of the petitioner”The decision was on the one hand was criticized by one group of the society stating that it would harm the child in the question psychologically, while on the other hand it has been supported by other group of the society stating that DNA Testing should be allowed in the cases involving child maintenance. Admissibility of DNA technology in civil or criminal suit would remain in question and these evidences should be examined by the courts very carefully.

The recent refusal of the Supreme Court to dismiss the Delhi High Court’s decision ordering Veteran Congress Leader N.D. Tiwari to undergo the DNA test is very important from the viewpoint of the admissibility of such evidence. In this case, Rohit Shekar has claimed to be the biological son of N.D. Tiwari, but N.D. Tiwari is reluctant to undergo such test stating that it would be the violation of his Right to Privacy and it would cause him public humiliation. But Supreme Court rejected this point stating when the result of the test would not be revealed to anyone and it would under a sealed envelope, there is no point of getting humiliated. Supreme Court further stated that we want young man to get justice; he should not left without any remedy. It would be very interesting to see that how courts in India would allow the admissibility of DNA technology in the future.


13 March 2011

Mine was an arranged marriage. My marriage to the law firm, i am currently working at in Delhi, was arranged by the ubiquitous marriage broker- the placement cell of my college. When my marriage was decided upon after a telephonic interview and a subsequent 'muh-dikhai' by way of an internship, i was thrilled like any fresh law graduate at the prospects. My marriage was grand with accolades and best-wishes from the near and dear ones. Its now been 7 months since i got married. The honeymoon is definitely over and what assures me of its passage is the stark mundanity of daily life.

Lest my discerning readers dismiss my writings at the very outset as a bitchy commentary on my employer or rather my senior, i wish to assure them that i have no such intentions. Most certainly, my blog would have got more hits that way but i have refrained from the momentary rush of popularity for the more calming pursuit of self-discovery [please bear with me as i embark upon my grand ideations :)].

To empty by burdensome bag of mundanity and then to rummage through its contents is what i intend to do. These writings may appear disjoint and disconnected but i have treasured these moments as priceless memorabilia in my chest treasure-chest called memory. These disjoint, disconnected and random events are my life and i one day hope to open my treasure chest to look with contentment at these days and events and smile with satisfaction at a life spent. These writings may probably end up as a cry in the wilderness called the 'world wide web' but since my intentions are clear, it shall be most reassuring for me to even hear a single voice in the wilderness; so what, if it happens to be my own.

I now write from behind the impregnable walls of anonymity. The walls protect the clear outlines of my ideations and feelings from being blurred or contaminated by the invasion of my personal attributes. Since traits and attributes, by their very nature, are subjective and often perceived with a biased or judgmental eye, it is probably best that the things that i say are not burdened with my past and certain pre-conceived notions about me. Writing with impunity on a clean slate is certainly a thrilling experience which i now hope to indulge to my fill....


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