14
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 DESKI 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 15 th 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

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Page 1: A glimpse of the College of Legal Studies, UPES

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

Page 2: A glimpse of the College of Legal Studies, UPES

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

Page 3: A glimpse of the College of Legal Studies, UPES

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

Page 4: A glimpse of the College of Legal Studies, UPES

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.

Page 5: A glimpse of the College of Legal Studies, UPES

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

Page 6: A glimpse of the College of Legal Studies, UPES

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

Page 7: A glimpse of the College of Legal Studies, UPES

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

Page 8: A glimpse of the College of Legal Studies, UPES

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 [email protected], 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 [email protected].

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

Page 9: A glimpse of the College of Legal Studies, UPES

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.

Page 10: A glimpse of the College of Legal Studies, UPES

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.

Page 11: A glimpse of the College of Legal Studies, UPES

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!

Page 12: A glimpse of the College of Legal Studies, UPES

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.

Page 13: A glimpse of the College of Legal Studies, UPES

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.

Page 14: A glimpse of the College of Legal Studies, UPES

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.