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EDITORIAL BOARD
Chairman:
Dr. Tabrez Ahmad
Faculty-in-Charge:
Dr. Sujata Bali
Faculty Media Coordinator:
Ms. Charu Srivastava
Faculty Managing Editor:
Mr. Anubhav Kumar
Student Ed-in-Chief:
Shatrunjay Bose
Student Associate Editors:
Sumaiya Saleem
Nishith Upadhyaya
Aprajita Gupta
Student Managing Editor:
Saif Rahman Ansari
Student Assist. Managing Editor:
Abhishek Anand
Student Sr. Assistant Editors:
Aniket Chatterjee
Anushka Dhawan
Neha Singh
Student Assistant Editors:
Amartya Shrivastava
Ankita Agarwal
Anushtha Srivastava
Biswaroop Mukherjee
Devashish Jain
Girdhar Khattar
Krishna Pallavi
Saransh Vijay
Upasana Ray
COLS NEWSLETTER
FROM THE PRESIDENT’S DESK…
I am delighted to note that only its second year of
publication; the College of Legal Studies (CoLS)
Newsletter has evolved in its perceptiveness and selection
of contents while successfully maintaining its regular
features.
I am a great believer that a lot of learning in a university
happens outside the class room and I note with a sense of
pride the multifarious activities that our law students have excelled in. With the
increasing accomplishments of our student and faculty, the scale of activities at
CoLS is also gaining new heights. Moving beyond the traditional moot court, the
increasing diversity of student’s activities is reflected in our students from CoLS not
only participating but also excelling in various legal events both nationally and
internationally. I am proud to note that in March 2016, the CoLS student team won
first prize in the National Mediation Competition. Our students secured the Runners
Up position in the 2015 Surana and Surana National Judgment Writing Competition,
while individually securing second position in the National Mediation Competition,
and secured the third position in 15th
Vyas National Legal Essay Writing
Competition. Congratulations are also due to the sports team winning 17 medals at
the National Sports Championship of Law Students at the National Law University,
Delhi.
I find that this Newsletter issue showcases the growing student interaction with legal
minds from across the country documenting the visits of Dr. Raman Mittal, (Law
Faculty, Delhi University), Mr. Bhargesh Ojha, (Vice President, Legal, Kotak
Mahindra Bank, Mumbai) and Prof. Seshan Radha, (Professor, National Law
University , Delhi). I am glad to note that this issue of the CoLS Newsletter has
detailed reports of all the achievements of CoLS in addition to the in depth legal
news from India and around the world. I wish the College of Legal Studies
Newsletter team in particular and the CoLS staff; students and faculty in general all
the best for in their endeavours in keeping up the great work they are doing both
academically as well as in co-curricular activities.
Wishing all the students the very best for the forthcoming end semester exams.
With thanks to each one for support and best wishes,
Utpal Ghosh
President & CEO
University of Petroleum & Energy Studies, Dehradun, Uttarakhand
Highlights
Courtroom Drama 2 Know Your Faculty 9
Law and Beyond 3 Know Your Alumnus 10
As we see it 4-5 Students’Achievements 11
Beyond Bar & Bench 6 Campus News 12
Around the Globe 7 Faculty Achievements 13
Opportunities 8 CoLS at a Glance 14
Volume III, Issue IV April, 2016
2 Volume III, Issue IV
Courtroom Drama
Constitutional Validity of Debt Recovery
Tribunal Rules Challenged
A Division Bench of Gujarat High Court recently
issued notice in the case of Indra Cotton & Pressing
Private Limited v. The Authorised Officer State Bank
of India SCAN: 18579 of 2015, wherein petitioner
challenged the constitutional validity of Debt
Recovery Tribunal Rules, 1998. The petitioner claimed
that Debt Recovery Tribunal (DRT) lacks
independence from executive interference, particularly
from the Ministry of Finance and claimed that it
violated Article 14 of the Constitution of India.
“That the petitioner’s right to have its rights,
adjudicated by a forum which exercises judicial power
in an impartial and independent manner, consistent
with the recognized principles of adjudication, which
is an adjunct of Article 14, is violated on account of
the manner in which the appointment is made to the
DRTs as per DRT (Procedure for Appointment as
Presiding Officer in Tribunal) Rules, 1998,” the
petition pleads.
Petitioner further contended that the presence of one
judicial officer and four executive members, “seriously
compromises the independence of the tribunal” and it
thus violates the guidelines issued by Supreme Court
under Madras Bar Association v. Union of India
(2015) 8 SCC 583.
The High Court however refused to stay the
proceeding which was initiated under Section 13(2) of
the Securitization and Reconstruction of Financial
Assets and Enforcement of Security Interest Act
(SARFAESI), 2002.
Courtesy: www.livelaw.in
Protection of Good Samaritans
Good Samaritans were being harassed by police,
hospital and other authorities when they helped road
accident victims. Now, the Ministry of Road Transport
and Highways has issued a notification in the Gazette
of India containing the guidelines for protection of
good Samaritans. These Guidelines take cognizance of
this humane issue vis-a-vis order of Supreme Court in
the case of Save life Foundation and another v. Union
of India and another in Writ Petition (Civil) No. 235 of
2012 vide its order dated 29th
October, 2014. Some of
the prominent guidelines for the sake of bystanders or
good Samaritans are:-
 They shall be allowed to leave immediately.
 They will be suitably rewarded or
compensated to encourage other citizens to
come forward to help the road accident
victims.
 They will not be liable for any civil and
criminal liability.
 Those who make a phone call to inform the
police shall not be compelled to reveal his
name and personal details on the phone or in
person.
 Those who have voluntarily accepted to be an
eye witness shall be required to be examined
on a single occasion.
 All hospitals shall publish a charter in Hindi,
English and the vernacular language of the
State or Union territory at their entrance to this
effect.
 The hospital shall provide an
acknowledgement to such good Samaritan,
confirming that an injured person was brought
to the hospital.
All public and private hospitals shall implement these
guidelines.
Courtesy: www.livelaw.in
3 Volume III, Issue IV
Law & Beyond
The Sikh Gurdwaras (Amendment) Bill, 2016
On March 15, The Sikh Gurdwaras (Amendment)
Bill, 2016 was introduced in the Rajya Sabha by the
Ministry of Home Affairs for amending the Sikh
Gurdwaras Act, 1925. The Bill was passed by the
Upper House on March 16, 2016.
Sikh Gurdwaras Act, 1925 regulates administration
of Sikh Gurdwaras in Punjab, Haryana, Chandigarh
and Himachal Pradesh.
The Act established the Sikh Gurdwara Prabandhak
Committee (SGPC) for the overall administration
and management, and also sets-up the committee for
the management of every Gurdwara in the
aforementioned places. It also lays down the
powers of the SGPC and other committees of
Gurdwaras, and regulates elections to them.
The Act does not allow any person who trims or
shaves his beard or hair to vote in the elections of
SGPC and management committees. But the Act
creates an exception for Sehjdhari Sikhs who trim or
shave their beard or hair, and allows them to vote.
The Amendment Bill removes this exception and
disentitles Sehjdhari Sikhs from voting if they trim
or shave their hair.
If enacted, the Bill will be deemed to have come
into force on October 8, 2003. According to the
Statement of Objects and Reasons of the Bill, this is
in light of a government notification dated October
8, 2003 which had sought to disentitle the Sehjdhari
Sikhs from voting in the SGPC and management
committee elections.
The Constitution (Scheduled Castes) Order
(Amendment) Bill, 2016
On March 1, the Ministry of Social Justice and
Empowerment introduced Constitution (Scheduled
Castes) Order (Amendment) Bill, 2016 in the Lok
Sabha.
The Bill amends the Constitution (Scheduled
Castes) Order, 1950. It was passed by the Lok Sabha
on March 15, 2016.
The Constitution empowers the President to specify
the Scheduled Castes in various States and Union
Territories and it also permits that the list of notified
Scheduled Castes (SC) to be modified by
Parliament. Recently some States had proposed
certain modifications to this list.
The Statement of Objects and Reasons of the Bill
states that the Bill has been introduced to give effect
to the changes proposed by the States.
Some of the Scheduled Castes Communities to be
included in the Constitution (Scheduled Castes)
Order, 1950 are members of the Aheria, Aheri, Hari
and Turi communities in Haryana, members of
Mannan, Pathiyan, Velan communities in Kerala and
members of Sais, Sarathi, and Thanwar communities
in Chattisgarh.
The members of the Bariki and Kummari
communities in Odisha are to be removed from the
Constitution (Scheduled Castes) Order, 1950.
Courtesy: prsindia.org
Courtesy: prsindia.org
4 Volume III, Issue IV
As We See It: The Aadhaar (Targeted Delivery of Financial and Other
Subsidies, Benefits and Services) Act, 2016
The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 was
passed by the Parliament on 16th
March, 2016.
Eligibility: The eligibility criteria as to the grant of Aadhaar card has been provided by the Act.
S.3 (1)-: Every resident shall be entitled to obtain an Aadhaar number by submitting his demographic and
biometric information by undergoing the process of enrollment.
S.2 (v)-: A resident is a person who has resided in India for at least 182 days, in the year preceding the date
of application for enrolment for Aadhaar service.
S.2 (j)-: “core biometric information” means finger print, Iris scan, or such other biological attribute of an
individual as may be specified by regulations.
S.2 (k)-: “demographic information” includes information relating to the name, date of birth, address and
other relevant information of an individual, as may be specified by regulations for the purpose of issuing an
Aadhaar number, but shall not include race, religion, caste, tribe, ethnicity, language, records of entitlement,
income or medical history.
Further regulations may specify other biometric and demographic information to be collected.
Use of Aadhaar number:
S.7-: In order to verify the identity of a person receiving a subsidy or a service, the government may require
them to have an Aadhaar number. If a person does not have an Aadhaar number, government will require
them to apply for it, and in the meanwhile, provide an alternative means of identification to the person. Any
public or private entity can accept the Aadhaar number as a proof of identity of the Aadhaar number holder,
for any purpose.
S.9-: Aadhaar number or the authentication cannot be a proof of citizenship or domicile. It does not confer
any right of citizenship or domicile.
Unique Identification Authority of India:
S.11-: The Central Government shall establish an Authority known as the Unique Identification Authority of
India (UIDAI). The UIDAI will be responsible for the processes of enrolment and authentication and shall
perform such other functions assigned to it under this Act. The Authority shall be a body corporate having
perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold
and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or
be sued.
S.12 & 13-: The UIDAI will consist of a chairperson, two part-time members and a chief executive officer.
The chairperson and members are required to have experience of at least ten years in matters such as
technology, governance etc.
5 Volume III, Issue IV
Functions of UIDAI:
S.23-: The key functions of the UID authority include, (i) specifying demographic and biometric
information to be collected during enrolment, (ii) assigning Aadhaar numbers to individuals, (iii)
authenticating Aadhaar numbers, and (iv) specifying the usage of Aadhaar numbers for delivery of subsidies
and services.
Authentication record maintained by UIDAI:
S.32-: The UIDAI shall record the entity requesting verification of a person’s identity, the time of request
and the response received by the entity. The purpose for which an individual's identity needs to be verified
will not be maintained.
Protection of information:
S.29-: Biometric information such as an individual’s finger print, iris scan and other biological attributes
(specified by regulations) will be used only for Aadhaar enrollment and authentication, and for no other
purpose. Such information will not be shared with anyone, nor will it be displayed publicly, except for
purposes specified by regulations.
Cases when information may be revealed:
S.33-: In two cases, information may be revealed:
1. In the interest of national security, a Joint Secretary in the central government may issue a direction for
revealing, (i) Aadhaar number, (ii) biometric information (iris scan, finger print and other biological
attributes specified by regulations), (iii) demographic information, and (iv) photograph,
Such a decision will be reviewed by an Oversight Committee comprising of Cabinet Secretary,
Secretaries of Legal Affairs and Electronics and Information Technology and will be valid for six
months.
2. On the order of a court, (i) an individual’s Aadhaar number, (ii) photograph, and (iii) demographic
information, may be revealed.
Offences and penalties:
S.38-: A person may be punished with imprisonment up to three years and minimum fine of Rs. 10 lakh for
unauthorized access to the centralized data-base, including revealing any information stored in it.
S.41-: If a requesting entity and an enrolling agency fail to comply with rules, they shall be punished with
imprisonment up to one year or a fine up to Rupees Ten Thousand or Rupees one lakh (in case of a
company), or with both.
The Act claims to provide for efficient, transparent and targeted delivery of subsidies and services to
individuals residing in India by assigning them unique identity numbers, called Aadhaar numbers.
Courtesy: prsindia.org
6 Volume III, Issue IV
Beyond Bar & Bench: News from the Profession
BCI springs into action, Sends Dress Code
Resolution to All Law Schools
In a circular which is likely to make a noteworthy
furore, the Bar Council of India (BCI) has
requested all law schools to devise clothing
regulations befitting the calling. It has also
recommended a clothing regulation of white shirt
with white, dark or dim trousers, reports Legally
India.
This notification to all law schools went on April
7, after the dress discussion at the National Law
School of India University (NLSIU), Bengaluru.
In the relevant incident, a third-year
undergraduate was purportedly chastised by a
faculty for wearing shorts in class.
"In solidarity with the under-graduation
concerned, and as a characteristic of dissent
against the educator, we practice our entitlement
to individual expression and solace by wearing
shorts to the class of the teacher concerned," said
a post on Facebook. The matter was later said to
have been genially determined.
Courtesy: Legally India
Chambers Asia Pacific Awards 2016; Trilegal
Wins Best Firm of the Year
Trilegal won the National Law Firm of the Year
award at Chambers Asia Pacific Awards 2016,
while S & R Associates won the Best Client
Service award.
Trilegal beat AZB & Partners, Cyril Amarchand
Mangaldas, J. Sagar Associates, Khaitan & Co,
Luthra & Luthra Law Offices and Shardul
Amarchand Mangaldas to take the top national
firm award this year. The other firms nominated
for Best Client Service included Bharucha &
Partners, Nishith Desai Associates, Trilegal and
Talwar, Thakore & Associates.
Herbert Smith Freehills won the India
International firm award.
Courtesy: Bar and bench
Bloomberg Q1 M&A League Table 2016; CAM
Tops the Table
Cyril Amarchand Mangaldas (CAM) has topped
Bloomberg’s first quarter league tables for
Mergers & Acquisitions (M&A) transactions in
India in terms of value of deals. With a deal value
of $3.03 billion for 5 deals, Cyril Amarchand has
a market share of 27.2%. AZB & Partners is
second on the list, with 18 deals valued at $1.6
billion.
Notably, AZB & Partners has the highest number
of deals for the first quarter of 2016. ‘AZB’s 18
deals’ is followed by Khaitan with 12 deals. Cyril
Amarchand and JSA are next with 5 deals each,
followed by Shardul Amarchand and ELP with 4
each. Veritas Legal has 3, while Majmudar & Co.
and Trilegal have 2 each.
Courtesy: Bar and bench
7 Volume III, Issue IV
Around The Globe
Human Rights Groups against Safe Zones for
Syrian Refugees
Turkey has recently adopted a restrictive stance on
the open-border policy with Syria by militarising
the border and allowing only authorized traders,
aid organisations, and those with life threatening
injuries to cross, leaving Syrians stranded in a
conflict zone.
Setting up refugee “safe zones” on the Syrian side
of the Turkey-Syria border and refusing to allow
those fleeing the conflict to seek international
protection is a violation of international law and
puts vulnerable people at risk, human rights
groups and aid workers have warned.
The UN reports say that around 250,000 displaced
people are trapped in the region around Azaz, a
city four miles from the Turkish border. Their
camps have been raided for provisions by armed
groups and at times been less than two miles from
ISIS posts.
The Turkish president, Mr. Recep Tayyip
Erdoğan, proposed the construction of a massive
and safe “refugee city” in northern Syria,
complete with all necessary infrastructure built-in
cooperation with the international community.
But, a region that has suffered extreme violence
and fighting between local and international actors
for years, the promise of safety hardly spells
security.
Courtesy: www.theguardian.com
William Ruto’s Case Abandoned by ICC
The International Criminal Court (ICC) has
abandoned its prosecution of Kenya’s Deputy
President, William Ruto, who had been accused of
staging the post-electoral violence in 2007 that
killed more than 1,300 people.
Several witnesses in the case had recanted their
testimony while the others simply went missing.
The prosecution’s case was torpedoed when the
Court decided in February that recorded
interviews of witnesses who subsequently
recanted could not be used as evidence.
The controversial proceedings were declared by
the Court’s Presiding Judge, Chile Eboe-Osuji, to
be a mistrial due to a “troubling incidence of
witness-interference and intolerable political
meddling”.
Courtesy: www.economist.com
Cambodia Lawmakers Approved Law to Set
Trade Union Rules
The National Assembly of Cambodia has set rules
for the creation and provisions for the modus
operandi of trade unions. All the members of the
ruling voted for the law. The law passed the
Lower House and moved on to the Senate.
It is supposed to squash workers’ rights and
particularly narrow the scope of the ability to
conduct strikes. The new law proposed that
workers who are and have been facing abuse or
mistreatment and want to stage a protest must ask
the permission of the factory owners or else, be
arrested for blocking the production. Factory
workers in Cambodia are generally more militant
and better organized that in other developing
countries. Numerous protests have been put down
before. The Government of Prime Minister Mr.
Hun Sen defended the law saying that it was
intended for a better regulation of the unions.
Aggressive labour strikes have crippled the nation
before.
The Office of the UN High Commissioner for
Human Rights made a statement that the draft law
is in violation of international labor Conventions.
Courtesy: www.jurist.org
8 Volume III, Issue IV
Opportunities
Call for Papers: NALSAR’s Indian Journal of
Air and Space Law: Submit By May 15
Submit by May 15
The Indian Journal of Air and Space Law
(IJASL), ISSN no. 2394-6091, a bi-annual
journal published by the Centre for Air and
Space Law (CASL), NALSAR University of
Law, is one of the frontrunner in India, which
seeks to further intellectual debate on relevant
issues under the domain of Air and Space Law.
The theme for this expert peer reviewed journal is
“Aerospace and Defence Laws”.
Article: 3500-5000 words; font size: 12; Times
New Roman; Space: 1.5. A 250-300 word abstract
must inaugurate the paper.
Only online submissions and correspondence
addressed to ijasl@nalsar.ac.in, with the author’s
name, designation, institute, contact number and
e-mail, accompanying the manuscript for future
reference, would be accepted.
Call for Papers: Nirma University’s Journal of
Alternate Dispute Resolution: Submit By July
15
Submit by July 15
The Centre for Alternate Dispute Resolution,
Institute of Law, Nirma University, Ahmedabad,
Gujarat, in its endeavour to become the beacon in
the field of Arbitration and other ADR
mechanism, invites articles / research papers, case
comment and book reviews on the contemporary
topics and themes related to Arbitration and other
ADR mechanism, from academicians,
practitioners, research scholars and students from
law and allied fields, for publication in the second
issue of the peer-reviewed Journal of Alternate
Dispute Resolution (ISSN: 2454-9932), for its
2016-17 volume. Articles must be contained
within 5,000 to 7,000 words, while case notes and
case comments may be in between 3500 to 4000
words, Book reviews, not exceeding 2500 to 3000
words.
The Harvard Blue Book (19th
edition) citation
style must be adhered to. An abstract, not
exceeding 300 words, should helm the
manuscript.
The Times new Roman font, in font size 12 is
prescribed for all entries. Footnotes shall be in
font size 10 and line spacing of 1.5 shall be
followed.
All submissions, accompanied by a covering letter
stating the title, author’s full name, Affiliated
Institution/ College/ University details and the
authors’ contact details along with phone no. and
email, must be mailed at adr@nirmauni.ac.in.
Call For Papers: Indian Society of
International Law, New Delhi
Submit by April 27
45th
Annual Conference of the Indian Society of
International Law, May7-8, 2016
Themes: Two Decades of the: - World Trade
Organization: Issues and Challenges, the Paris
Agreement on Climate Change: Challenges for the
Future, Law of the Sea: Contemporary
Challenges, Protection of Refugees: Present
Challenges and Probable Solutions, Refugees, Use
of Force and R2P: Contemporary Legal Issues,
Protection of Refugee during Armed Conflict:
Emerging Legal Issues
For more details visit: http://www.isil-aca.org
9 Volume III, Issue IV
Know Your Faculty
Mr. Shubham Srivastava (SS) has been associated with CoLS, UPES for a short but sweet
duration as an Assistant Professor (SS).
Summing up his experiences so far, he gave Team CoLS Newsletter (TCN) some insights-
TCN: Good Morning Sir, please tell us something about yourself. What do you think are your
strengths, weaknesses and source of motivation?
SS: I have recently joined UPES, it has been some 17 days. I take Torts, Family Law II, and Legal
Writing for young students here. I obtained my B.A., LL.B. (Hons.) from Faculty of Law, Lucknow
University in 2014. Then, I pursued LL.M. from NALSAR, Hyderabad, and completed it in 2015. I
have a fairly good number of publications and conferences tagged to my name.
I’d like to talk about my strengths first. I think my ability to study well, and pray to God are my
strengths. My parents are academicians, so for me, they are my primary source of motivation. They
inspire me to attain new horizons in this field.
TCN: What do you think is the scope of Legal Writing in the Indian Scenario? How do you
enable your students to understand the subject efficiently?
SS:According to me, the very foundation of this profession lies with Legal Writing. Every student must
be enabled to write in a legal fashion. Writing journals, reading books are some basic things that are
prime to Legal Academics. And to enable that, my teaching mantra is to keep the students on the same
page as me while I’m teaching them. They should connect with what I’m trying to convey to them. I
think lecture method is the best way of teaching, I also feel there should be trust between the student
and teacher because they are the only people who can be the check and balance of a teacher, and
besides that, discussions should be encouraged on the topics that are being taught. One must not be
confined to the books provided, and that’s precisely what I try to inculcate in the students that I teach.
TCN: What was the turning point in your life?
SS: My turning point was not restricted to one instance; it was spread across my entire student life.
My turning point, all in all came with the realization of my surroundings. Initially I wanted to get into
Judiciary, but through the course of time I realized, that good lawyers emerge from good academicians.
Recently, at a lecture in CoLS, Mr. Bashir said, “Law School is not about learning the law only. It’s
more about discovering who you are, and what your calling is.” I am in full agreement with this
statement.
10 Volume III, Issue IV
Know Your Alumnus
Ms. Gopika Rathi (GR) is from the B.A., LL.B. (Hons.) 2008-2013 batch of CoLS. She is
currently working at the Competition Commission of India (CCI). Team CoLS Newsletter (TCN)
managed to get a few insights from her.
TCN: How did your experience at UPES help you shape your career?
GR: Being in UPES itself was a wonderful experience due to the fact that
the Dehradun campus is one of the best campuses in India. Further, the
infrastructure support was also a big plus. Apart from infrastructure, UPES
has provided me with a co-genial environment to help me learn and achieve
what I am today and what I am aiming for tomorrow.
TCN: What would you look for, if you were to hire graduates from
UPES?
GR: The modern professional dynamics are evolving at a breakneck speed. The first and foremost
quality which is being expected from freshers today is their ability to adapt and learn new skill sets to
cater to different sorts of situations that arise in your career path.
There is no substitute for hard work. PERIOD! You need to be willing to put effort in your work. Yes,
you can do smart work, scheduling etc. but they can never substitute hard work. All qualities of a
fresher or a professional for that matter get eclipsed if the person is not hard working.
Hard work conquers the curriculum of best law schools. (emphasis added)
To all my juniors one thing which I would advise you all to work upon, is to master your skills in
interpretation of legal texts be it Act, Regulations, Rules etc.
TCN: You are truly an inspiration for many UPESites. Please tell us how is it like working at the
CCI?
GR: Working with a Regulator involves lots of responsibility and thrill. There is hardly any room for
mistake and this is not the proverbial "Sarkari Naukri". Handling cases which largely encompass the
whole spectrum of industry makes it more exciting since these cases have a direct impact on the
economic wellbeing of the nation. Competition law being a dynamic sector, Competition Commission
of India is at the frontlines of evolution of Competition Jurisprudence not just in India but also abroad.
This makes my work all the more exciting since I am exposed to various facets of not just Competition
Law but other allied laws like Companies Act, IPR, Capital Markets, Evidence Act, C.P.C., Real Estate
etc.
TCN: What extracurricular activity, according to you, can be the best learning experience?
GR: The hands on experience gained by participating in various co-curricular activities like moot court
and being a part of organising Law Fest ''Jus Carnivalli" helped me polish my organising and oratory
skills and inculcate team-spirit.
11 Volume III, Issue IV
Students’ Achievements
"The future belongs to those who believe in the beauty of their dreams."
The College of Legal Studies, UPES Dehradun, has, over the years created students who dared
to dream. It has struggled hard. And today we see this hard work in the achievements of our
students, who have taken CoLS to new heights and established its presence amongst prestigious
Law colleges in India.
March, 2016 has seen some whopping stories of success from our students.
 Winners of National Mediation Competition, Amity University, Jaipur
Anurag Mitra and Deiya Goswami, students of B.B.A. LL.B. IV Semester, snatched away the
First prize in the National Mediation Competition held at Amity University, Jaipur.
But that wasn't all! The Second position was also secured by Siddharth Agarwal, a student of
B.B.A., LL.B., VIII Semester.
 Runner Up in 2nd
National Mediation Competition
Ishan Tiwari student of B.Tech., LL.B + IPR, IV Year, participated in National Mediation
Competition organized by Ram Manohar Lohia National Law University, Lucknow from March
18-20, 2016 and has won Runner up award.
 Best Memorial Award
The team comprising of Stuti Bajpeyee (B.A., LL.B. (Hons.) IV Year), Parul Raghuwanshi
(B.B.A., LL.B. (Hons.) IV Year) and Priyanshu Srivastava (B.B.A., LL.B. (Hons.) IV Year)
participated in the CMR V National Moot Court Competition, Bangalore and won the Best
Memorial award.
 Runners Up : Surana & Surana National Judgement Writing Competition
Our students showed exceptional participation in the 2015 Surana and Surana National
Judgment Writing Competition. The team comprising of four students, namely Shreyas Jain, Sumi,
Deepmala Dutta and Ayush Aggarwal from B.B.A., LL.B. (Hons.), III Year won the Runners' Up
Trophy, and along with it, 15,000 rupees!
Congratulations to all winners!
Well, that was March in all its glory, but wait till you read about April in the next issue!
12 Volume III, Issue IV
Campus News
DR. RAMAN MITTAL, ASSOCIATE PROF., FACULTY OF LAW, DELHI UNIVERSITY
As a part of the refresher course for the final year students, a special lecture was organized by the
Special Lecture Committee on 17th
of February 2016, delivered by Dr. Raman Mittal, learned Associate
Professor of Delhi University. He has been serving as an Associate Professor, Campus Law Centre,
Faculty of Law, University of Delhi since 2005. He was a Visiting Faculty at the Max Planck Institute
for Intellectual Property, Competition and Tax Laws, Munich, Germany in 2008-09. He has also served
as an Assistant Professor at Indian Law Institute. The lecture consisted of two sessions of two hours
each on the Intellectual Property Laws. The interactive session saw enthusing indulgence of students
with queries on both theoretical and practical aspects of IPR.
MR. BHARGESH OJHA, VP, LEGAL, KOTAK MAHINDRA BANK, MUMBAI
Mr. Ojha, Vice-President, Legal, Kotak Mahindra Bank delivered a lecture on Banking and Insurance
Laws on March 4, 2016. He has been in financial services industry since 1993. Before joining Kotak
Mahindra group in 1999, he was working with Tata Finance Limited. He has also provided legal
assistance to the project for converting Kotak Mahindra Finance into Kotak Mahindra Bank. Later he
became Vice-President of the Legal Department and has been since heading its legal functions. He was
accompanied by Mr. Prem Sharma, Vice President, Legal, New Delhi region, Kotak Mahindra Bank.
Mr. Ojha delivered an interactive lecture to the students of fourth and final year of B.A., LLB and
B.B.A., LLB streams and was glad to share that two of his officials are CoLS, UPES alumni.
PROF. SESHAN RADHA, PROFESSOR, NLU, DELHI
Prof. Seshan Radha, Professor, NLU Delhi delivered a session on Law and Economics at the CoLS
auditorium on March 29, 2016. It was attended by students of 2nd
year B.A., LL.B., B.Com., LL.B. and
B.B.A., LLB and of 1st
year, B.B.A., LL.B. She has also been a visiting scholar at the Yale Law School,
USA in 2003. She has an experience in teaching and research for more than 32 years. Being an expert
in various fields of economics namely Environmental Economics; Welfare Economics; Law and
Economics and International Economics, she has published a book named Collected Essays in Welfare
Economics (1995). She covered issues related to environmental economics, labour economics and
international economics as well. The students benefited from her lecture and requested her to visit the
campus again.
13 Volume III, Issue IV
Faculty Achievements
 Mr. Sampath Kumar KP
Presented a paper entitled “CDM and measures for environment sequestration: An Indian
perspective” in National Conference: Recent Trends in Environment, Science and Technology,
on March 11, 2016, at Rayat Bahara University, Chandigarh.
 Dr. Mamta Rana
Attended Winter School (Equivalent to Refresher in Law) at HRDC, Panjab University,
Chandigarh from December 26, 2015 to January 15, 2016 and successfully completed the
course with an ‘A’ Grade.
 Dr. Saroj Bohra
Attended ‘GNLU International maritime academy 2016 on theme Blue economy and Ocean
governance’ organized by GNLU from March 6 -12, 2016 sponsored by US Naval War College,
Forum for Integrated National Security (FINS), Indian Council of World Affairs, Gujrat
Maritime Board, Adani ports & SEZ Ltd.
 Dr. Azim Pathan
o Published a paper entitled “Pyramid Theory vis-à-vis Crime Engineering with special reference
to Crimes against Women in Person” in International Human Rights Journal, Volume 4-Issue 1
(ISSN 2320-6942).
o Participated and presented a paper entitled “Crimes against Women: Socio-Legal Perspective”
in International Conference on Women Studies and Social Science organized by Carmel
College of Women, Goa in collaboration with International Multi-disciplinary Research
Foundation from March 3 to 5, 2016.
o Presented a paper through web conference entitled “Livelihood Challenges of Farmers in South
Asian Countries: Bridging the Gap between International and National Legal Instruments and
Policies for Climate Change and Sustainable Development” in National Conference on
Environment Sustainability organized National Law University, Patiala, Punjab on March 3,
2016.
 Dr. Sandhya Kumari
Presented a paper entitled “Target-Free Population Policy: How Maharashtra Civil Service
Rules are faring?” in ICSSR sponsored Three Day National Seminar organized by Women’s
Studies Research Centre, University of Calcutta from February 3 to 5, 2016.
 Ms. Pooja Gautam
o Attended one week Faculty Development Program on Research Methodology conducted by
Lucknow University from January 4 - 10, 2016.
o Presented a paper on “Evaluating India’s Energy Security” in the National Seminar on India: An
Emerging Power: Continuity and Change in Foreign Policy, sponsored by ICSSR & UCOST,
organized by DAV College, Dehradun from March 15 to 16, 2016.
 Mr. Shubham Shrivastava
Presented a paper titled "Freedom of Speech and Expression Viz-a-Viz Sedition Laws in India:
A Need to Revisit" in a National Seminar on ‘Freedom of Speech and Expression: Issues &
Challenges’, organized by Department of Human Rights, School of Legal Studies, Baba Saheb
Bhimrao Ambedkar University, Lucknow from March 30 to 31, 2016.
14 Volume III, Issue IV
CoLS at a Glance
Team Comprising of, Parul Raghuwanshi, Priyanshu Srivastava and Stuti Bajpeyee, students of B.A./B.B.A.,
LL.B. (Hons.) IV Year, won Best Memorial Award in CMR V National Moot Court Competition, Bangalore.
Anurag Mitra and Deiya Goswami, students of
B.B.A., LL.B. (Hons), II Year, won First prize in the
National Mediation Competition held at Amity
University, Lucknow.
Ishan Tiwari, student of B.Tech., LL.B + IPR, IV
Year, won Runner up prize in National Mediation
Competition organized by RMLNLU, Lucknow.

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A glimpse of the College of Legal Studies, UPES

  • 1. EDITORIAL BOARD Chairman: Dr. Tabrez Ahmad Faculty-in-Charge: Dr. Sujata Bali Faculty Media Coordinator: Ms. Charu Srivastava Faculty Managing Editor: Mr. Anubhav Kumar Student Ed-in-Chief: Shatrunjay Bose Student Associate Editors: Sumaiya Saleem Nishith Upadhyaya Aprajita Gupta Student Managing Editor: Saif Rahman Ansari Student Assist. Managing Editor: Abhishek Anand Student Sr. Assistant Editors: Aniket Chatterjee Anushka Dhawan Neha Singh Student Assistant Editors: Amartya Shrivastava Ankita Agarwal Anushtha Srivastava Biswaroop Mukherjee Devashish Jain Girdhar Khattar Krishna Pallavi Saransh Vijay Upasana Ray COLS NEWSLETTER FROM THE PRESIDENT’S DESK… I am delighted to note that only its second year of publication; the College of Legal Studies (CoLS) Newsletter has evolved in its perceptiveness and selection of contents while successfully maintaining its regular features. I am a great believer that a lot of learning in a university happens outside the class room and I note with a sense of pride the multifarious activities that our law students have excelled in. With the increasing accomplishments of our student and faculty, the scale of activities at CoLS is also gaining new heights. Moving beyond the traditional moot court, the increasing diversity of student’s activities is reflected in our students from CoLS not only participating but also excelling in various legal events both nationally and internationally. I am proud to note that in March 2016, the CoLS student team won first prize in the National Mediation Competition. Our students secured the Runners Up position in the 2015 Surana and Surana National Judgment Writing Competition, while individually securing second position in the National Mediation Competition, and secured the third position in 15th Vyas National Legal Essay Writing Competition. Congratulations are also due to the sports team winning 17 medals at the National Sports Championship of Law Students at the National Law University, Delhi. I find that this Newsletter issue showcases the growing student interaction with legal minds from across the country documenting the visits of Dr. Raman Mittal, (Law Faculty, Delhi University), Mr. Bhargesh Ojha, (Vice President, Legal, Kotak Mahindra Bank, Mumbai) and Prof. Seshan Radha, (Professor, National Law University , Delhi). I am glad to note that this issue of the CoLS Newsletter has detailed reports of all the achievements of CoLS in addition to the in depth legal news from India and around the world. I wish the College of Legal Studies Newsletter team in particular and the CoLS staff; students and faculty in general all the best for in their endeavours in keeping up the great work they are doing both academically as well as in co-curricular activities. Wishing all the students the very best for the forthcoming end semester exams. With thanks to each one for support and best wishes, Utpal Ghosh President & CEO University of Petroleum & Energy Studies, Dehradun, Uttarakhand Highlights Courtroom Drama 2 Know Your Faculty 9 Law and Beyond 3 Know Your Alumnus 10 As we see it 4-5 Students’Achievements 11 Beyond Bar & Bench 6 Campus News 12 Around the Globe 7 Faculty Achievements 13 Opportunities 8 CoLS at a Glance 14 Volume III, Issue IV April, 2016
  • 2. 2 Volume III, Issue IV Courtroom Drama Constitutional Validity of Debt Recovery Tribunal Rules Challenged A Division Bench of Gujarat High Court recently issued notice in the case of Indra Cotton & Pressing Private Limited v. The Authorised Officer State Bank of India SCAN: 18579 of 2015, wherein petitioner challenged the constitutional validity of Debt Recovery Tribunal Rules, 1998. The petitioner claimed that Debt Recovery Tribunal (DRT) lacks independence from executive interference, particularly from the Ministry of Finance and claimed that it violated Article 14 of the Constitution of India. “That the petitioner’s right to have its rights, adjudicated by a forum which exercises judicial power in an impartial and independent manner, consistent with the recognized principles of adjudication, which is an adjunct of Article 14, is violated on account of the manner in which the appointment is made to the DRTs as per DRT (Procedure for Appointment as Presiding Officer in Tribunal) Rules, 1998,” the petition pleads. Petitioner further contended that the presence of one judicial officer and four executive members, “seriously compromises the independence of the tribunal” and it thus violates the guidelines issued by Supreme Court under Madras Bar Association v. Union of India (2015) 8 SCC 583. The High Court however refused to stay the proceeding which was initiated under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002. Courtesy: www.livelaw.in Protection of Good Samaritans Good Samaritans were being harassed by police, hospital and other authorities when they helped road accident victims. Now, the Ministry of Road Transport and Highways has issued a notification in the Gazette of India containing the guidelines for protection of good Samaritans. These Guidelines take cognizance of this humane issue vis-a-vis order of Supreme Court in the case of Save life Foundation and another v. Union of India and another in Writ Petition (Civil) No. 235 of 2012 vide its order dated 29th October, 2014. Some of the prominent guidelines for the sake of bystanders or good Samaritans are:-  They shall be allowed to leave immediately.  They will be suitably rewarded or compensated to encourage other citizens to come forward to help the road accident victims.  They will not be liable for any civil and criminal liability.  Those who make a phone call to inform the police shall not be compelled to reveal his name and personal details on the phone or in person.  Those who have voluntarily accepted to be an eye witness shall be required to be examined on a single occasion.  All hospitals shall publish a charter in Hindi, English and the vernacular language of the State or Union territory at their entrance to this effect.  The hospital shall provide an acknowledgement to such good Samaritan, confirming that an injured person was brought to the hospital. All public and private hospitals shall implement these guidelines. Courtesy: www.livelaw.in
  • 3. 3 Volume III, Issue IV Law & Beyond The Sikh Gurdwaras (Amendment) Bill, 2016 On March 15, The Sikh Gurdwaras (Amendment) Bill, 2016 was introduced in the Rajya Sabha by the Ministry of Home Affairs for amending the Sikh Gurdwaras Act, 1925. The Bill was passed by the Upper House on March 16, 2016. Sikh Gurdwaras Act, 1925 regulates administration of Sikh Gurdwaras in Punjab, Haryana, Chandigarh and Himachal Pradesh. The Act established the Sikh Gurdwara Prabandhak Committee (SGPC) for the overall administration and management, and also sets-up the committee for the management of every Gurdwara in the aforementioned places. It also lays down the powers of the SGPC and other committees of Gurdwaras, and regulates elections to them. The Act does not allow any person who trims or shaves his beard or hair to vote in the elections of SGPC and management committees. But the Act creates an exception for Sehjdhari Sikhs who trim or shave their beard or hair, and allows them to vote. The Amendment Bill removes this exception and disentitles Sehjdhari Sikhs from voting if they trim or shave their hair. If enacted, the Bill will be deemed to have come into force on October 8, 2003. According to the Statement of Objects and Reasons of the Bill, this is in light of a government notification dated October 8, 2003 which had sought to disentitle the Sehjdhari Sikhs from voting in the SGPC and management committee elections. The Constitution (Scheduled Castes) Order (Amendment) Bill, 2016 On March 1, the Ministry of Social Justice and Empowerment introduced Constitution (Scheduled Castes) Order (Amendment) Bill, 2016 in the Lok Sabha. The Bill amends the Constitution (Scheduled Castes) Order, 1950. It was passed by the Lok Sabha on March 15, 2016. The Constitution empowers the President to specify the Scheduled Castes in various States and Union Territories and it also permits that the list of notified Scheduled Castes (SC) to be modified by Parliament. Recently some States had proposed certain modifications to this list. The Statement of Objects and Reasons of the Bill states that the Bill has been introduced to give effect to the changes proposed by the States. Some of the Scheduled Castes Communities to be included in the Constitution (Scheduled Castes) Order, 1950 are members of the Aheria, Aheri, Hari and Turi communities in Haryana, members of Mannan, Pathiyan, Velan communities in Kerala and members of Sais, Sarathi, and Thanwar communities in Chattisgarh. The members of the Bariki and Kummari communities in Odisha are to be removed from the Constitution (Scheduled Castes) Order, 1950. Courtesy: prsindia.org Courtesy: prsindia.org
  • 4. 4 Volume III, Issue IV As We See It: The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 The Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016 was passed by the Parliament on 16th March, 2016. Eligibility: The eligibility criteria as to the grant of Aadhaar card has been provided by the Act. S.3 (1)-: Every resident shall be entitled to obtain an Aadhaar number by submitting his demographic and biometric information by undergoing the process of enrollment. S.2 (v)-: A resident is a person who has resided in India for at least 182 days, in the year preceding the date of application for enrolment for Aadhaar service. S.2 (j)-: “core biometric information” means finger print, Iris scan, or such other biological attribute of an individual as may be specified by regulations. S.2 (k)-: “demographic information” includes information relating to the name, date of birth, address and other relevant information of an individual, as may be specified by regulations for the purpose of issuing an Aadhaar number, but shall not include race, religion, caste, tribe, ethnicity, language, records of entitlement, income or medical history. Further regulations may specify other biometric and demographic information to be collected. Use of Aadhaar number: S.7-: In order to verify the identity of a person receiving a subsidy or a service, the government may require them to have an Aadhaar number. If a person does not have an Aadhaar number, government will require them to apply for it, and in the meanwhile, provide an alternative means of identification to the person. Any public or private entity can accept the Aadhaar number as a proof of identity of the Aadhaar number holder, for any purpose. S.9-: Aadhaar number or the authentication cannot be a proof of citizenship or domicile. It does not confer any right of citizenship or domicile. Unique Identification Authority of India: S.11-: The Central Government shall establish an Authority known as the Unique Identification Authority of India (UIDAI). The UIDAI will be responsible for the processes of enrolment and authentication and shall perform such other functions assigned to it under this Act. The Authority shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall, by the said name, sue or be sued. S.12 & 13-: The UIDAI will consist of a chairperson, two part-time members and a chief executive officer. The chairperson and members are required to have experience of at least ten years in matters such as technology, governance etc.
  • 5. 5 Volume III, Issue IV Functions of UIDAI: S.23-: The key functions of the UID authority include, (i) specifying demographic and biometric information to be collected during enrolment, (ii) assigning Aadhaar numbers to individuals, (iii) authenticating Aadhaar numbers, and (iv) specifying the usage of Aadhaar numbers for delivery of subsidies and services. Authentication record maintained by UIDAI: S.32-: The UIDAI shall record the entity requesting verification of a person’s identity, the time of request and the response received by the entity. The purpose for which an individual's identity needs to be verified will not be maintained. Protection of information: S.29-: Biometric information such as an individual’s finger print, iris scan and other biological attributes (specified by regulations) will be used only for Aadhaar enrollment and authentication, and for no other purpose. Such information will not be shared with anyone, nor will it be displayed publicly, except for purposes specified by regulations. Cases when information may be revealed: S.33-: In two cases, information may be revealed: 1. In the interest of national security, a Joint Secretary in the central government may issue a direction for revealing, (i) Aadhaar number, (ii) biometric information (iris scan, finger print and other biological attributes specified by regulations), (iii) demographic information, and (iv) photograph, Such a decision will be reviewed by an Oversight Committee comprising of Cabinet Secretary, Secretaries of Legal Affairs and Electronics and Information Technology and will be valid for six months. 2. On the order of a court, (i) an individual’s Aadhaar number, (ii) photograph, and (iii) demographic information, may be revealed. Offences and penalties: S.38-: A person may be punished with imprisonment up to three years and minimum fine of Rs. 10 lakh for unauthorized access to the centralized data-base, including revealing any information stored in it. S.41-: If a requesting entity and an enrolling agency fail to comply with rules, they shall be punished with imprisonment up to one year or a fine up to Rupees Ten Thousand or Rupees one lakh (in case of a company), or with both. The Act claims to provide for efficient, transparent and targeted delivery of subsidies and services to individuals residing in India by assigning them unique identity numbers, called Aadhaar numbers. Courtesy: prsindia.org
  • 6. 6 Volume III, Issue IV Beyond Bar & Bench: News from the Profession BCI springs into action, Sends Dress Code Resolution to All Law Schools In a circular which is likely to make a noteworthy furore, the Bar Council of India (BCI) has requested all law schools to devise clothing regulations befitting the calling. It has also recommended a clothing regulation of white shirt with white, dark or dim trousers, reports Legally India. This notification to all law schools went on April 7, after the dress discussion at the National Law School of India University (NLSIU), Bengaluru. In the relevant incident, a third-year undergraduate was purportedly chastised by a faculty for wearing shorts in class. "In solidarity with the under-graduation concerned, and as a characteristic of dissent against the educator, we practice our entitlement to individual expression and solace by wearing shorts to the class of the teacher concerned," said a post on Facebook. The matter was later said to have been genially determined. Courtesy: Legally India Chambers Asia Pacific Awards 2016; Trilegal Wins Best Firm of the Year Trilegal won the National Law Firm of the Year award at Chambers Asia Pacific Awards 2016, while S & R Associates won the Best Client Service award. Trilegal beat AZB & Partners, Cyril Amarchand Mangaldas, J. Sagar Associates, Khaitan & Co, Luthra & Luthra Law Offices and Shardul Amarchand Mangaldas to take the top national firm award this year. The other firms nominated for Best Client Service included Bharucha & Partners, Nishith Desai Associates, Trilegal and Talwar, Thakore & Associates. Herbert Smith Freehills won the India International firm award. Courtesy: Bar and bench Bloomberg Q1 M&A League Table 2016; CAM Tops the Table Cyril Amarchand Mangaldas (CAM) has topped Bloomberg’s first quarter league tables for Mergers & Acquisitions (M&A) transactions in India in terms of value of deals. With a deal value of $3.03 billion for 5 deals, Cyril Amarchand has a market share of 27.2%. AZB & Partners is second on the list, with 18 deals valued at $1.6 billion. Notably, AZB & Partners has the highest number of deals for the first quarter of 2016. ‘AZB’s 18 deals’ is followed by Khaitan with 12 deals. Cyril Amarchand and JSA are next with 5 deals each, followed by Shardul Amarchand and ELP with 4 each. Veritas Legal has 3, while Majmudar & Co. and Trilegal have 2 each. Courtesy: Bar and bench
  • 7. 7 Volume III, Issue IV Around The Globe Human Rights Groups against Safe Zones for Syrian Refugees Turkey has recently adopted a restrictive stance on the open-border policy with Syria by militarising the border and allowing only authorized traders, aid organisations, and those with life threatening injuries to cross, leaving Syrians stranded in a conflict zone. Setting up refugee “safe zones” on the Syrian side of the Turkey-Syria border and refusing to allow those fleeing the conflict to seek international protection is a violation of international law and puts vulnerable people at risk, human rights groups and aid workers have warned. The UN reports say that around 250,000 displaced people are trapped in the region around Azaz, a city four miles from the Turkish border. Their camps have been raided for provisions by armed groups and at times been less than two miles from ISIS posts. The Turkish president, Mr. Recep Tayyip Erdoğan, proposed the construction of a massive and safe “refugee city” in northern Syria, complete with all necessary infrastructure built-in cooperation with the international community. But, a region that has suffered extreme violence and fighting between local and international actors for years, the promise of safety hardly spells security. Courtesy: www.theguardian.com William Ruto’s Case Abandoned by ICC The International Criminal Court (ICC) has abandoned its prosecution of Kenya’s Deputy President, William Ruto, who had been accused of staging the post-electoral violence in 2007 that killed more than 1,300 people. Several witnesses in the case had recanted their testimony while the others simply went missing. The prosecution’s case was torpedoed when the Court decided in February that recorded interviews of witnesses who subsequently recanted could not be used as evidence. The controversial proceedings were declared by the Court’s Presiding Judge, Chile Eboe-Osuji, to be a mistrial due to a “troubling incidence of witness-interference and intolerable political meddling”. Courtesy: www.economist.com Cambodia Lawmakers Approved Law to Set Trade Union Rules The National Assembly of Cambodia has set rules for the creation and provisions for the modus operandi of trade unions. All the members of the ruling voted for the law. The law passed the Lower House and moved on to the Senate. It is supposed to squash workers’ rights and particularly narrow the scope of the ability to conduct strikes. The new law proposed that workers who are and have been facing abuse or mistreatment and want to stage a protest must ask the permission of the factory owners or else, be arrested for blocking the production. Factory workers in Cambodia are generally more militant and better organized that in other developing countries. Numerous protests have been put down before. The Government of Prime Minister Mr. Hun Sen defended the law saying that it was intended for a better regulation of the unions. Aggressive labour strikes have crippled the nation before. The Office of the UN High Commissioner for Human Rights made a statement that the draft law is in violation of international labor Conventions. Courtesy: www.jurist.org
  • 8. 8 Volume III, Issue IV Opportunities Call for Papers: NALSAR’s Indian Journal of Air and Space Law: Submit By May 15 Submit by May 15 The Indian Journal of Air and Space Law (IJASL), ISSN no. 2394-6091, a bi-annual journal published by the Centre for Air and Space Law (CASL), NALSAR University of Law, is one of the frontrunner in India, which seeks to further intellectual debate on relevant issues under the domain of Air and Space Law. The theme for this expert peer reviewed journal is “Aerospace and Defence Laws”. Article: 3500-5000 words; font size: 12; Times New Roman; Space: 1.5. A 250-300 word abstract must inaugurate the paper. Only online submissions and correspondence addressed to ijasl@nalsar.ac.in, with the author’s name, designation, institute, contact number and e-mail, accompanying the manuscript for future reference, would be accepted. Call for Papers: Nirma University’s Journal of Alternate Dispute Resolution: Submit By July 15 Submit by July 15 The Centre for Alternate Dispute Resolution, Institute of Law, Nirma University, Ahmedabad, Gujarat, in its endeavour to become the beacon in the field of Arbitration and other ADR mechanism, invites articles / research papers, case comment and book reviews on the contemporary topics and themes related to Arbitration and other ADR mechanism, from academicians, practitioners, research scholars and students from law and allied fields, for publication in the second issue of the peer-reviewed Journal of Alternate Dispute Resolution (ISSN: 2454-9932), for its 2016-17 volume. Articles must be contained within 5,000 to 7,000 words, while case notes and case comments may be in between 3500 to 4000 words, Book reviews, not exceeding 2500 to 3000 words. The Harvard Blue Book (19th edition) citation style must be adhered to. An abstract, not exceeding 300 words, should helm the manuscript. The Times new Roman font, in font size 12 is prescribed for all entries. Footnotes shall be in font size 10 and line spacing of 1.5 shall be followed. All submissions, accompanied by a covering letter stating the title, author’s full name, Affiliated Institution/ College/ University details and the authors’ contact details along with phone no. and email, must be mailed at adr@nirmauni.ac.in. Call For Papers: Indian Society of International Law, New Delhi Submit by April 27 45th Annual Conference of the Indian Society of International Law, May7-8, 2016 Themes: Two Decades of the: - World Trade Organization: Issues and Challenges, the Paris Agreement on Climate Change: Challenges for the Future, Law of the Sea: Contemporary Challenges, Protection of Refugees: Present Challenges and Probable Solutions, Refugees, Use of Force and R2P: Contemporary Legal Issues, Protection of Refugee during Armed Conflict: Emerging Legal Issues For more details visit: http://www.isil-aca.org
  • 9. 9 Volume III, Issue IV Know Your Faculty Mr. Shubham Srivastava (SS) has been associated with CoLS, UPES for a short but sweet duration as an Assistant Professor (SS). Summing up his experiences so far, he gave Team CoLS Newsletter (TCN) some insights- TCN: Good Morning Sir, please tell us something about yourself. What do you think are your strengths, weaknesses and source of motivation? SS: I have recently joined UPES, it has been some 17 days. I take Torts, Family Law II, and Legal Writing for young students here. I obtained my B.A., LL.B. (Hons.) from Faculty of Law, Lucknow University in 2014. Then, I pursued LL.M. from NALSAR, Hyderabad, and completed it in 2015. I have a fairly good number of publications and conferences tagged to my name. I’d like to talk about my strengths first. I think my ability to study well, and pray to God are my strengths. My parents are academicians, so for me, they are my primary source of motivation. They inspire me to attain new horizons in this field. TCN: What do you think is the scope of Legal Writing in the Indian Scenario? How do you enable your students to understand the subject efficiently? SS:According to me, the very foundation of this profession lies with Legal Writing. Every student must be enabled to write in a legal fashion. Writing journals, reading books are some basic things that are prime to Legal Academics. And to enable that, my teaching mantra is to keep the students on the same page as me while I’m teaching them. They should connect with what I’m trying to convey to them. I think lecture method is the best way of teaching, I also feel there should be trust between the student and teacher because they are the only people who can be the check and balance of a teacher, and besides that, discussions should be encouraged on the topics that are being taught. One must not be confined to the books provided, and that’s precisely what I try to inculcate in the students that I teach. TCN: What was the turning point in your life? SS: My turning point was not restricted to one instance; it was spread across my entire student life. My turning point, all in all came with the realization of my surroundings. Initially I wanted to get into Judiciary, but through the course of time I realized, that good lawyers emerge from good academicians. Recently, at a lecture in CoLS, Mr. Bashir said, “Law School is not about learning the law only. It’s more about discovering who you are, and what your calling is.” I am in full agreement with this statement.
  • 10. 10 Volume III, Issue IV Know Your Alumnus Ms. Gopika Rathi (GR) is from the B.A., LL.B. (Hons.) 2008-2013 batch of CoLS. She is currently working at the Competition Commission of India (CCI). Team CoLS Newsletter (TCN) managed to get a few insights from her. TCN: How did your experience at UPES help you shape your career? GR: Being in UPES itself was a wonderful experience due to the fact that the Dehradun campus is one of the best campuses in India. Further, the infrastructure support was also a big plus. Apart from infrastructure, UPES has provided me with a co-genial environment to help me learn and achieve what I am today and what I am aiming for tomorrow. TCN: What would you look for, if you were to hire graduates from UPES? GR: The modern professional dynamics are evolving at a breakneck speed. The first and foremost quality which is being expected from freshers today is their ability to adapt and learn new skill sets to cater to different sorts of situations that arise in your career path. There is no substitute for hard work. PERIOD! You need to be willing to put effort in your work. Yes, you can do smart work, scheduling etc. but they can never substitute hard work. All qualities of a fresher or a professional for that matter get eclipsed if the person is not hard working. Hard work conquers the curriculum of best law schools. (emphasis added) To all my juniors one thing which I would advise you all to work upon, is to master your skills in interpretation of legal texts be it Act, Regulations, Rules etc. TCN: You are truly an inspiration for many UPESites. Please tell us how is it like working at the CCI? GR: Working with a Regulator involves lots of responsibility and thrill. There is hardly any room for mistake and this is not the proverbial "Sarkari Naukri". Handling cases which largely encompass the whole spectrum of industry makes it more exciting since these cases have a direct impact on the economic wellbeing of the nation. Competition law being a dynamic sector, Competition Commission of India is at the frontlines of evolution of Competition Jurisprudence not just in India but also abroad. This makes my work all the more exciting since I am exposed to various facets of not just Competition Law but other allied laws like Companies Act, IPR, Capital Markets, Evidence Act, C.P.C., Real Estate etc. TCN: What extracurricular activity, according to you, can be the best learning experience? GR: The hands on experience gained by participating in various co-curricular activities like moot court and being a part of organising Law Fest ''Jus Carnivalli" helped me polish my organising and oratory skills and inculcate team-spirit.
  • 11. 11 Volume III, Issue IV Students’ Achievements "The future belongs to those who believe in the beauty of their dreams." The College of Legal Studies, UPES Dehradun, has, over the years created students who dared to dream. It has struggled hard. And today we see this hard work in the achievements of our students, who have taken CoLS to new heights and established its presence amongst prestigious Law colleges in India. March, 2016 has seen some whopping stories of success from our students.  Winners of National Mediation Competition, Amity University, Jaipur Anurag Mitra and Deiya Goswami, students of B.B.A. LL.B. IV Semester, snatched away the First prize in the National Mediation Competition held at Amity University, Jaipur. But that wasn't all! The Second position was also secured by Siddharth Agarwal, a student of B.B.A., LL.B., VIII Semester.  Runner Up in 2nd National Mediation Competition Ishan Tiwari student of B.Tech., LL.B + IPR, IV Year, participated in National Mediation Competition organized by Ram Manohar Lohia National Law University, Lucknow from March 18-20, 2016 and has won Runner up award.  Best Memorial Award The team comprising of Stuti Bajpeyee (B.A., LL.B. (Hons.) IV Year), Parul Raghuwanshi (B.B.A., LL.B. (Hons.) IV Year) and Priyanshu Srivastava (B.B.A., LL.B. (Hons.) IV Year) participated in the CMR V National Moot Court Competition, Bangalore and won the Best Memorial award.  Runners Up : Surana & Surana National Judgement Writing Competition Our students showed exceptional participation in the 2015 Surana and Surana National Judgment Writing Competition. The team comprising of four students, namely Shreyas Jain, Sumi, Deepmala Dutta and Ayush Aggarwal from B.B.A., LL.B. (Hons.), III Year won the Runners' Up Trophy, and along with it, 15,000 rupees! Congratulations to all winners! Well, that was March in all its glory, but wait till you read about April in the next issue!
  • 12. 12 Volume III, Issue IV Campus News DR. RAMAN MITTAL, ASSOCIATE PROF., FACULTY OF LAW, DELHI UNIVERSITY As a part of the refresher course for the final year students, a special lecture was organized by the Special Lecture Committee on 17th of February 2016, delivered by Dr. Raman Mittal, learned Associate Professor of Delhi University. He has been serving as an Associate Professor, Campus Law Centre, Faculty of Law, University of Delhi since 2005. He was a Visiting Faculty at the Max Planck Institute for Intellectual Property, Competition and Tax Laws, Munich, Germany in 2008-09. He has also served as an Assistant Professor at Indian Law Institute. The lecture consisted of two sessions of two hours each on the Intellectual Property Laws. The interactive session saw enthusing indulgence of students with queries on both theoretical and practical aspects of IPR. MR. BHARGESH OJHA, VP, LEGAL, KOTAK MAHINDRA BANK, MUMBAI Mr. Ojha, Vice-President, Legal, Kotak Mahindra Bank delivered a lecture on Banking and Insurance Laws on March 4, 2016. He has been in financial services industry since 1993. Before joining Kotak Mahindra group in 1999, he was working with Tata Finance Limited. He has also provided legal assistance to the project for converting Kotak Mahindra Finance into Kotak Mahindra Bank. Later he became Vice-President of the Legal Department and has been since heading its legal functions. He was accompanied by Mr. Prem Sharma, Vice President, Legal, New Delhi region, Kotak Mahindra Bank. Mr. Ojha delivered an interactive lecture to the students of fourth and final year of B.A., LLB and B.B.A., LLB streams and was glad to share that two of his officials are CoLS, UPES alumni. PROF. SESHAN RADHA, PROFESSOR, NLU, DELHI Prof. Seshan Radha, Professor, NLU Delhi delivered a session on Law and Economics at the CoLS auditorium on March 29, 2016. It was attended by students of 2nd year B.A., LL.B., B.Com., LL.B. and B.B.A., LLB and of 1st year, B.B.A., LL.B. She has also been a visiting scholar at the Yale Law School, USA in 2003. She has an experience in teaching and research for more than 32 years. Being an expert in various fields of economics namely Environmental Economics; Welfare Economics; Law and Economics and International Economics, she has published a book named Collected Essays in Welfare Economics (1995). She covered issues related to environmental economics, labour economics and international economics as well. The students benefited from her lecture and requested her to visit the campus again.
  • 13. 13 Volume III, Issue IV Faculty Achievements  Mr. Sampath Kumar KP Presented a paper entitled “CDM and measures for environment sequestration: An Indian perspective” in National Conference: Recent Trends in Environment, Science and Technology, on March 11, 2016, at Rayat Bahara University, Chandigarh.  Dr. Mamta Rana Attended Winter School (Equivalent to Refresher in Law) at HRDC, Panjab University, Chandigarh from December 26, 2015 to January 15, 2016 and successfully completed the course with an ‘A’ Grade.  Dr. Saroj Bohra Attended ‘GNLU International maritime academy 2016 on theme Blue economy and Ocean governance’ organized by GNLU from March 6 -12, 2016 sponsored by US Naval War College, Forum for Integrated National Security (FINS), Indian Council of World Affairs, Gujrat Maritime Board, Adani ports & SEZ Ltd.  Dr. Azim Pathan o Published a paper entitled “Pyramid Theory vis-à-vis Crime Engineering with special reference to Crimes against Women in Person” in International Human Rights Journal, Volume 4-Issue 1 (ISSN 2320-6942). o Participated and presented a paper entitled “Crimes against Women: Socio-Legal Perspective” in International Conference on Women Studies and Social Science organized by Carmel College of Women, Goa in collaboration with International Multi-disciplinary Research Foundation from March 3 to 5, 2016. o Presented a paper through web conference entitled “Livelihood Challenges of Farmers in South Asian Countries: Bridging the Gap between International and National Legal Instruments and Policies for Climate Change and Sustainable Development” in National Conference on Environment Sustainability organized National Law University, Patiala, Punjab on March 3, 2016.  Dr. Sandhya Kumari Presented a paper entitled “Target-Free Population Policy: How Maharashtra Civil Service Rules are faring?” in ICSSR sponsored Three Day National Seminar organized by Women’s Studies Research Centre, University of Calcutta from February 3 to 5, 2016.  Ms. Pooja Gautam o Attended one week Faculty Development Program on Research Methodology conducted by Lucknow University from January 4 - 10, 2016. o Presented a paper on “Evaluating India’s Energy Security” in the National Seminar on India: An Emerging Power: Continuity and Change in Foreign Policy, sponsored by ICSSR & UCOST, organized by DAV College, Dehradun from March 15 to 16, 2016.  Mr. Shubham Shrivastava Presented a paper titled "Freedom of Speech and Expression Viz-a-Viz Sedition Laws in India: A Need to Revisit" in a National Seminar on ‘Freedom of Speech and Expression: Issues & Challenges’, organized by Department of Human Rights, School of Legal Studies, Baba Saheb Bhimrao Ambedkar University, Lucknow from March 30 to 31, 2016.
  • 14. 14 Volume III, Issue IV CoLS at a Glance Team Comprising of, Parul Raghuwanshi, Priyanshu Srivastava and Stuti Bajpeyee, students of B.A./B.B.A., LL.B. (Hons.) IV Year, won Best Memorial Award in CMR V National Moot Court Competition, Bangalore. Anurag Mitra and Deiya Goswami, students of B.B.A., LL.B. (Hons), II Year, won First prize in the National Mediation Competition held at Amity University, Lucknow. Ishan Tiwari, student of B.Tech., LL.B + IPR, IV Year, won Runner up prize in National Mediation Competition organized by RMLNLU, Lucknow.