EDITORIAL BOARD Chairman: Dr. Tabrez Ahmad Faculty-in-Charge: Dr. Sujata Bali Faculty Media Coordinator: Ms. Charu Srivastava Faculty Asst. Media-Coordinator: Ms. Debarati Pal Faculty Managing Editor: Mr. Anubhav Kumar Student Editor-in-Chief: Shatrunjay Bose Student Associate Editors: Sumaiya Saleem Aprajita Gupta Student Managing Editor: Saif Rahman Ansari Student Assist. Managing Editor: Abhishek Anand Student Senior 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 Upasna Ray CoLS NEWSLETTER November, 2016 FROM THE DIRECTOR’S DESK… The College of Legal Studies (CoLS), the flagship college of University of Petroleum & Energy Studies (UPES), in its short history, has won a deserved place among the top law-schools in India. CoLS while keeping pace with the customary practices adopted by UPES, aspires to be among the top law schools of Asia. This enviable positioning of CoLS is due to the quality of the students that we admit, the quality of Faculty that University engages, the quality of the learning and teaching resources that the University makes available to the faculty and students, and the quality of the learning environment and services that is enjoyed by our faculty and students. It is also due to our ongoing engagement with the community, industries, courts, NGOs and partnerships at national/international level with top ranking organizations. The above conditions have made it possible for our students to excel in their academic as well as non-academic recreational and social activities in the University. Some of our recent graduates are already holding important jobs in India and abroad and are demonstrating in their work environments the moral standards they acquired while studying here. Our current students are also showcasing high level of competency and outcome by wining very prestigious national and international awards as well as securing good placements in various top organisations. We strive hard to create exemplary achievers, national champions, trendsetters in whatever endeavours the students undertake during their studies here at CoLS, UPES. We ensure that the students participate actively in the various activities and professional associations which provide them the opportunities to acquire leadership, advanced lawyering skill sets and the personal skills. Due to recent Central Govt. directions on demonetization and digitisation, the boost in e-commerce will increase employment opportunities for cyber law students. We are the only law school in Asia to offer B.Tech. (CS), LL.B. (Hons.) Cyber Laws. We ensure to provide education to develop and possess certain necessary human qualities that enable students to grow into the kind of transformational leader that India and the world at large is looking for in the youth. CoLS has created a culture where each student is experiencing growth in intellectual knowledge, in personality, in cultural enrichment, in building personal friendships and in career planning, during his/her stay at CoLS-UPES. I am sure that this semester was another stride towards achievement of greater academic heights by all at UPES. With Best wishes, Dr. Tabrez Ahmad, Director, CoLS, UPES. Highlights Courtroom Drama 2 Know Your Faculty 8 Law and Beyond 3 Know Your Alumnus 9 As we see it 4 Students’ Achievements 10 Beyond Bar & Bench 5 Campus News 11-12 Around the Globe 6 Faculty Achievements 13 Opportunities 7 CoLS at a Glance 14 Volume IV, Issue XI
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EDITORIAL BOARD
Chairman:
Dr. Tabrez Ahmad
Faculty-in-Charge:
Dr. Sujata Bali
Faculty Media Coordinator:
Ms. Charu Srivastava
Faculty Asst. Media-Coordinator:
Ms. Debarati Pal
Faculty Managing Editor:
Mr. Anubhav Kumar
Student Editor-in-Chief:
Shatrunjay Bose
Student Associate Editors:
Sumaiya Saleem
Aprajita Gupta
Student Managing Editor:
Saif Rahman Ansari
Student Assist. Managing Editor:
Abhishek Anand
Student Senior 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
Upasna Ray
CoLS NEWSLETTER
November, 2016
FROM THE DIRECTOR’S DESK…
The College of Legal Studies (CoLS), the flagship college
of University of Petroleum & Energy Studies (UPES), in
its short history, has won a deserved place among the top
law-schools in India. CoLS while keeping pace with the
customary practices adopted by UPES, aspires to be
among the top law schools of Asia.
This enviable positioning of CoLS is due to the quality of
the students that we admit, the quality of Faculty that
University engages, the quality of the learning and
teaching resources that the University makes available to
the faculty and students, and the quality of the learning environment and services that
is enjoyed by our faculty and students.
It is also due to our ongoing engagement with the community, industries, courts,
NGOs and partnerships at national/international level with top ranking organizations.
The above conditions have made it possible for our students to excel in their academic
as well as non-academic recreational and social activities in the University. Some of
our recent graduates are already holding important jobs in India and abroad and are
demonstrating in their work environments the moral standards they acquired while
studying here. Our current students are also showcasing high level of competency and
outcome by wining very prestigious national and international awards as well as
securing good placements in various top organisations.
We strive hard to create exemplary achievers, national champions, trendsetters in
whatever endeavours the students undertake during their studies here at CoLS,
UPES. We ensure that the students participate actively in the various activities and
professional associations which provide them the opportunities to acquire leadership,
advanced lawyering skill sets and the personal skills. Due to recent Central Govt.
directions on demonetization and digitisation, the boost in e-commerce will increase
employment opportunities for cyber law students. We are the only law school in Asia
to offer B.Tech. (CS), LL.B. (Hons.) Cyber Laws.
We ensure to provide education to develop and possess certain necessary human
qualities that enable students to grow into the kind of transformational leader that India
and the world at large is looking for in the youth. CoLS has created a culture where
each student is experiencing growth in intellectual knowledge, in personality, in
cultural enrichment, in building personal friendships and in career planning, during
his/her stay at CoLS-UPES.
I am sure that this semester was another stride towards achievement of greater
academic heights by all at UPES.
With Best wishes,
Dr. Tabrez Ahmad,
Director, CoLS, UPES.
Highlights
Courtroom Drama 2 Know Your Faculty 8
Law and Beyond 3 Know Your Alumnus 9
As we see it 4 Students’ Achievements 10
Beyond Bar & Bench 5 Campus News 11-12
Around the Globe 6 Faculty Achievements 13
Opportunities 7 CoLS at a Glance 14
Volume IV, Issue XI
IssueeIssuegggggggggjjjj
jkgkVIVICoLS Newsletter is
available
at:http://www.upes.ac.in/Hou
se-JournalV
2 Volume IV, Issue XI
Courtroom Drama
Pointing out Odd-Even Scheme’s Futility, NGT
tells Delhi Govt. to take Alternate Measures
Upon perusal of a scientific report, the National
Green Tribunal has now observed the futility of
the ambitious ‘Odd-Even scheme’ introduced in
the month of December 2015, by the Delhi
Government, stating that it did not lead to any
substantial improvement in the ambient air quality
of National Capital Territory, Delhi.
The scheme introduced an unprecedented practice
by virtue of which, the plying of non-transport
four-wheeled vehicles (motor cars etc.) having
registration number ending in an odd digit
(1,3,5,7,9) was to be prohibited on even dates of
the month whereas the plying of the non-transport
vehicles having registration number ending in an
even digit (0,2,4,6,8) was to be prohibited on odd
dates of the month.
Mahendra Pandey had approached the National
Green Tribunal raising concerns about the futility
of the odd-even scheme. The Tribunal also
observed that other pollutant contributing factors
should have been paid greater attention. The
bench headed by Chairperson Justice Swatanter
Kumar said:
“The traffic on the roads of Delhi needs to be
reduced by taking recourse to various measures
that have already been directed to be taken by
various authorities under the orders of the
Tribunal, including introduction of destination
buses which could certainly help particularly the
middle class and single driver from opting for
destination buses rather than driving a car
individually on highly congested roads of Delhi.”
Ironically, the results as reflected in the scientific
report prepared by Dr. M.P. George, showed that
the Particulate Matter levels during the period of
the Odd-Even scheme, were 2.5 times higher than
other days.
The Chief Secretary of Delhi was instructed to
convene a meeting and seek a report from all
authorities concerned in relation to the
implementation of directions issued by the
Tribunal.
Courtesy: www.livelaw.in
SC: Singur Tata Plant land acquisition quashed
The Supreme Court in the case of Kedar Nath
Yadav v. State of West Bengal & Ors., Civil Appeal
No. 8438/16, quashed the acquisition of 1000 acres
of land in Singur by the State Government for the
setting up of Nano car factory by Tata Motors.
Calling the decision of the government as grossly
perverse, a bench comprising of Justice V. Gopala
Gowda and Justice Arun Mishra declared the entire
acquisition to be inconsistent with the Land
Acquisition Act.
The background of the given case rests on the facts
that the TMC Government of Bengal after coming
into power approached the Court against the illegal
acquisition of land in Singur by the previous
government. Although it was contended by the Tata
Motors that a change in political party of the
government cannot result in change in the stance of
the government, the Supreme Court held that the
stand of the State Government could be changed if
the previous acquisition suffered from colourable
exercise of power.
The Apex Court further denied the existence of any
public purpose in the continuance of acquisition.
The Supreme Court stated that public purpose
cannot exist merely on the reason that an industry
provides employment to the people and results in
socio-economic growth in a State. The State
Government was ordered to return the acquired
land back to the farmers within 12 weeks
irrespective of the compensation which they had
received from the government previously.
Courtesy: www.indianexpress.com
3 Volume IV, Issue XI
Law & Beyond
The Maternity Benefit (Amendment) Bill, 2016
Passed by Rajya Sabha
The Maternity Benefit (Amendment) Bill, 2016
(the Amendment) was passed by the Rajya Sabha
to amend certain provisions of the Maternity
Benefit Act, 1961.
"The very purpose of this Bill is to increase the
working women force because in the work force,
participation of women is decreasing day by day,"
stated Labour Minister Bandaru Dattatreya.
The Act presently provides maternity leave up to
12 weeks for all women. The Bill extends this
period to 26 weeks. However, a woman with two
or more children will be entitled to 12 weeks of
maternity leave. The Bill introduces maternity
leave up to 12 weeks for a woman who adopts a
child below the age of three months, and for
commissioning mothers. The period of maternity
leave will be calculated from the date the child is
handed over to the adoptive or commissioning
mother.
The Bill requires every establishment with 50 or
more employees to provide for crèche facilities
within a prescribed distance. The woman will be
allowed four visits to the crèche in a day.
An employer may permit a woman to work from
home, if the nature of work assigned permits her
to do so. This may be mutually agreed upon by the
employer and the woman. The Bill requires an
establishment to inform a woman of all benefits
that would be available under the Bill, at the time
of her appointment. Such information must be
given in writing and electronically.
Courtesy: prsindia.org, ibtimes.co.in
The Institutes of Technology (Amendment) Bill,
2016 Passed by Parliament
The Institutes of Technology (Amendment) Bill,
2016 was passed in the monsoon session of the
Parliament. The Bill seeks to amend The Institutes
of Technology Act, 1961 and add colleges to the
list that declares certain Institutes of Technology
as Institutions of National Importance.
The Bill that was proposed in the Lok Sabha in
the monsoon session was passed by a voice vote
in July, 2016 and later was passed in the Rajya
Sabha in August, 2016. The Bill proposes to set
up six new Indian Institute of Technology
campuses in Jammu & Kashmir, Tirupathi
(Andhra Pradesh), Palakkad (Kerela), Bhilai
(Chhattisgarh), Dharwad (Karnataka) and Goa.
The Bill also seeks to bring within its ambit the
Indian School of Mines, Dhanbad and declare it as
an Institution of National Importance. The
Institution shall be renamed to Indian Institute of
Technology (Indian School of Mines), Dhanbad.
It states that until the new statute comes into
existence, the Indian School of Mines, Dhanbad
shall be governed by the existing statutes and
ordinances of the Indian Institute of Technology,
Roorkee.
The Minister of Human Resource and
Development, Mr. Prakash Javadkar promised to
maintain the excellence and quality of the Indian
Institutes of Technology. He also promised that
the Government will come up with a scheme to
finance higher education infrastructure
requirements, and will especially focus on the
research infrastructural needs. The Prime Minister
along with his cabinet had given their approval in
December, 2015 to build the six new IITs.
Courtesy: www.prsindia.org
4 Volume IV, Issue XI
As We See It: An Appeal against Court Martial Order
In a landmark judgment, the Armed Forces Tribunal’s Mumbai bench observed that a General
Court Martial did have the right to try offences under the Protection of Children from Sexual
Offences (POCSO) Act, 2012.
The Tribunal made the observation while dismissing an appeal filed by a Colonel, who had
challenged the jurisdiction of the General Court Martial in dismissing him from service in a
sexual assault case and sentencing him under the POCSO Act.
“No argument has been advanced challenging the proceedings excepting on the ground of lack
of jurisdiction on the part of court martial to try him”, said the Tribunal.
“We are of the considered opinion that the General Court Martial had the jurisdiction to try
the appellant for the offence of aggravated sexual assault under POCSO Act, 2012 and the
instant application deserves to be dismissed,” the Tribunal said.
An Officer, who is currently under close arrest at Military Hospital, was found guilty by a
General Court Martial on July 1, 2015 and cashiered from service. It also sentenced him to
rigorous imprisonment for five years.
The Colonel challenged the Order as well as a later Order dated September 23, 2015
confirming the sentence.
Advocate Advait M Sethna, Special Counsel for the Armed Forces, however, said that the
General Court Martial had the jurisdiction to try the accused for the said offence.
“This is a landmark judgment as for the first time, the Tribunal decided the issue of
jurisdiction in a situation where there was conflict between the Army Act and POCSO,” said
Special Counsel Sethna.
The Tribunal said that certain sections of the Army Act confer discretion on the Commanding
Officer to decide before which court the proceedings shall be instituted, when a criminal court
and court martial each have jurisdiction in respect of an offence.
Courtesy: www.indianexpress.com
5 Volume IV, Issue XI
Beyond Bar & Bench: News from the Profession
S&R, Trilegal aid Make My Trip’s acquisition
of Ibibo for $720 million
Recently, NASDAQ - listed Make My Trip Ltd.’s
intention to buy the Ibibo Group, co-owned by the
South African technology group Naspers Ltd. and
the Chinese investment firm Tencent, in a stock
deal. Naspers and Tencent hold 91% and 9% stake
in Ibibo respectively and the deal is valued at
$720 million.
The said deal has been rumored to change the
dynamics of the internet consumer sector, making
it one of the most important acquisitions in the
online travel sector. Ibibo’s brands include
Goibibo for hotels, air ticketing and Red Bus, the
bus booking portal.
Make my trip controls an estimated 30% share of
the market for online booking of hotels and
flights. Ibibo controls about one-fifth of the hotel
booking. S & R Associates represented Make My
Trip, and Trilingual advised Naspers and Ibibo.
Courtesy: barandbench.com
TTA, Crawford Bayley on Record $ 595m
leveraged buyout bond issue
Detergent major Nirma, which in July 2016 had
agreed to buy the cement business of the French
major Lafarge India, has now been able to raise
Rs. 4,000 crore debts to fund the deal, making it
the largest rupee bond sale for a leveraged buyout.
Talwar Thakore & Associates acted for IDFC
Bank, Credit Suisse and Barclays as arrangers for
the sale, and Crawford Bayley acted for Nirma.
Courtesy: www.legallyindia.com
Merger Market Q3 2016: Khaitan leads in deal
value, AZB tops in deal count
The Merger market, Indian M&A league tables
for the third quarter of 2016 are out, and Khaitan
& Co has displaced Cyril Amarchand Mangaldas
and others to take the first spot in terms of deal
name of the author, title of the submission and the
email address of the author. Referencing and
citations must be in conformity with the Standard
Indian Legal Citation (SILC).
2nd
KIIT National Conference on International
Law [Jan 13-Jan 15]: Symposium + Essay
Competition + Treaty Negotiation
The School of Law, KIIT University
(Bhubaneswar, Odisha) in association with
International Law Students Association (ILSA)
[KIIT Chapter] announces the second edition of
National Conference on International Law, to be
held from 13th
– 15th
January, 2017.
This conference is aimed at serving as a platform
to help students to observe the intricacies and
nuances of diplomatic negotiations and be
involved in them on a first-hand basis. The
various events lined up are,
Symposium on International Law
Essay Competition on
Extrajudicial killings and Jurisdiction of
ICC
Military Intervention
Treaty Negotiation Competition (TNC), on
the theme ‘GRAINS CONVENTION’.
The brochure can be accessed at
https://www.scribd.com/document/330066975/Fin
al-Conference-Brochure1-1-1
8 Volume IV, Issue XI
Know Your Faculty
Mr. Ajit Kaushal (AK), has been associated with CoLS, UPES for quite a long time. His field of
specialization is International Business Laws.
Summing up his experiences so far, he shared with Team CoLS Newsletter (TCN) his views:
TCN: Good Morning Sir, tell us something about yourself. What do you think are your strengths and
weaknesses?
AK: I am from Bihar and have completed the basic education from Bihar. After graduation, I pursued
LL.B. from Campus Law Center, Delhi University and LL.M. from National University of Singapore.
Firmness is my strength. If I have to take any decision I think less about the consequences. Though I am
little shy by nature.
TCN: What motivated you towards the academic profession? From where did you get your
inspiration?
AK: Before joining academics I worked on the multijurisdictional research projects. Since the very
beginning I have had a keen interest in legal research and teaching. So one fine day I decided to move in
full-fledged academic career and pursued LL.M. Switching to academia was a personal decision and my
prior work experience supplements the theoretical aspect of knowledge.
TCN: Which field of law do you think is of great significance from the point of view of job
opportunities, internships etc.
AK: Nowadays every field of law is bundled with abundance of opportunities. Everyone whether student,
lawyer or academician, has to opt an area of core competence. And, expertise is the key to get the best job
opportunities in market. My area of interest is the Business & Corporate Law which is very challenging but
at the same time it is loaded with opportunities. Every student who wants to make his career in business &
corporate law should make himself conversant in economics and accounting. Simultaneously, a person of
Business & Corporate Law cannot afford to be detached from the day to day development of the business
world. Probably it is the most dynamic subject of law as it is based on economics and finance.
TCN: What techniques do you think professors should apply to make lectures interesting?
AK: Interaction is the key during the lecture. Ultimately law professors have to make the students
personally involved in the topic. When a class of sixty works together on a topic it provides a good learning
for the teachers as well. For any student, self-study is the key. For getting a better result ultimately every
student needs to increase the hours of self-study.
TCN: It has been a while since you have been in UPES. What are the things you like or dislike about
the college?
AK: College of Legal Studies, UPES is unfolding the areas of laws which are considered to be abstruse till
now. But it is the demand of the hour to deal with the difficult subjects in Law to supplement the complex
market requirement. UPES has quality faculty, pedagogy is excellent and it is gaining the glow & shine on
the legal landscape.
9 Volume IV, Issue XI
Know your Alumnus
Mr. Abhinav Raghuvanshi (Batch of 2009-14, B.A. LL.B. (Energy Laws), is
currently a practicing advocate in the Supreme Court of India, Delhi High Court,
Appellate Tribunal for Electricity and Patiala House District Court. Apart from
being an independent practitioner, he is associated with Mr. Amit Anand Tiwari,
Deputy Advocate General for State of Uttrakhand.
Team CoLS Newsletter (TCN) managed to get a few insights from him:
TCN: How did your experience at UPES help in shaping your career? AR: My experience at College of Legal Studies, UPES has been very diverse and the same is helping me
even now in some or the other manner, even though I did not choose to pursue my career in Energy Laws
per se. While the College was shaping me to become a lawyer specialized in energy laws, I was pursuing my
own interest in litigation. Regardless of the fact that I am purely pursuing a career in litigation, my sense of
association with those (energy law) subjects is not lost. My experience at UPES, rather helps me in getting
energy matters at my desk. The experience at CoLS has rather given me an ignition to deal with cases of
such a nature (energy law) which are considered a matter of specialization here in the field.
TCN: What would you look for if you were to hire graduates from UPES?
AR: It is not just about the graduates from UPES, but a student graduating from any law school is expected
to have a fundamental knowledge of the subject. The recruiters, even though being privy of the fact that a
fresher may not be well acquainted with the nuances of the profession, expect a student to have basic
knowledge of the subject. As far as the graduates from UPES are concerned, I think, they have an added
responsibility of presenting themselves as the Energy Lawyers, meaning thereby having knowledge of the
subjects we claim to specialize in. Answering to the present question, I would sum up that, apart from
fundamental subjects of law, any UPESite is expected to have an in-depth knowledge of energy law subjects.
TCN: You are truly an inspiration for many UPESites. What/who was your inspiration to help you
make the cut?
AR: If my father had not persuaded me to take up law and make my career in it, I would have never thought
of becoming an Advocate. Other than my father, who truly inspired me to pursue law as a career, I would
like to give an equal credit to my teacher and my guide, Mr. Amit Anand Tiwari, who further nurtured me in
the field of law and taught me litigation as a subject.
TCN: What extra-curricular activity, according to you, can be most broadening as a learning
experience?
AR: As far as the extra-curricular activities in a law school are concerned, there are various skill based
activities any student should pursue, as per his/her area of interest, e.g. mooting, debating and writing
research papers. If a student is taking part in moot court activities, then firstly he/she should be thorough
with the research and drafting than focusing mainly on the debating part of the project. The emphasis should
be more on the stage-wise learning, wherein research should be considered as a fundamental stone.
Moreover, with the given curriculum in the law schools, a student can strengthen his/her skills in research
and drafting by diligently attempting the projects and assignments itself.
TCN: One thing which you liked the most about your CoLS life, and one thing which you hated the
most?
AR: Graduating from CoLS has been a roller coaster ride for me. It has always been mixed feeling as far as
the graduation is concerned. This has been a good learning curve but there are regrets as well. In my five
years of college life, I guess it is hard for me to pick just one happy or sad moment. There have been many
and I miss all of them.
10 Volume IV, Issue XI
Students’ Achievements
The month of October has witnesses a lot of student achievements worth a round of applause.
Virudhaka Sports Fest, NLIU, Bhopal, 2016.
CoLS UPES Team left a lasting remark in Virudhaka’16 by winning 4 gold medals in events like
Football, Basketball Boys and Table Tennis Girls’ singles and doubles.