COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ......

13
EDITORIAL BOARD Chairman: Dr. Tabrez Ahmad Faculty-in-Charge: Dr. Sujata Bali Media Coordinator: Ms. Charu Srivastava Ed-in-Chief: Shatrunjay Bose Associate Editors: Sumaiya Saleem Nishith Upadhyaya Aprajita Gupta Managing Editor: Saif Rahman Ansari Senior Assistant Editors: Aniket Chatterjee Anushka Dhawan Neha Singh Assistant Editors: Ankita Agarwal Anushtha Srivastava Biswaroop Mukherjee Devashish Jain Girdhar Khattar Krishna Pallavi Saransh Vijay COLS NEWSLETTER Dec., 2015- Jan., 2016 FROM THE CHANCELLOR’S DESK… It is very heartening to note that COLS Newsletter the face of COLS activities, has come up with yet another issue. The growth of CoLS, the youngest of the three Colleges of UPES is consistently reflected through the sections of Campus News, Students’ achievement and Faculty achievements. The photographic glimpses of CoLS activities bring out the pleasant visual presentation of systematic and diverse CoLS activities. The CoLS Newsletter also highlights the latest legal developments with an eye for interesting and impactful news in this discipline providing insight to the reader of contemporary issues. I also must appreciate that the hardwork put in by our students and faculty members has ensured that COLS scales new heights year after year. Many Congratulations to the CoLS Newsletter Team for keeping the Newsletter ongoing! Wishing the Team CoLS Newsletter continued success! Dr. S. J. Chopra Chancellor, 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 Around the Globe 6 Faculty Achievements 12 Opportunities 7 CoLS at a Glance 13 Volume II, Issue XII - Volume III, Issue I

Transcript of COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ......

Page 1: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

EDITORIAL BOARD

Chairman:

Dr. Tabrez Ahmad

Faculty-in-Charge:

Dr. Sujata Bali

Media Coordinator:

Ms. Charu Srivastava

Ed-in-Chief:

Shatrunjay Bose

Associate Editors:

Sumaiya Saleem

Nishith Upadhyaya

Aprajita Gupta

Managing Editor:

Saif Rahman Ansari

Senior Assistant Editors:

Aniket Chatterjee

Anushka Dhawan

Neha Singh

Assistant Editors:

Ankita Agarwal

Anushtha Srivastava

Biswaroop Mukherjee

Devashish Jain

Girdhar Khattar

Krishna Pallavi

Saransh Vijay

COLS NEWSLETTER Dec., 2015- Jan., 2016

FROM THE CHANCELLOR’S DESK…

It is very heartening to note that COLS Newsletter the face of COLS

activities, has come up with yet another issue.

The growth of CoLS, the youngest of the three

Colleges of UPES is consistently reflected through

the sections of Campus News, Students’ achievement

and Faculty achievements. The photographic

glimpses of CoLS activities bring out the pleasant

visual presentation of systematic and diverse CoLS

activities.

The CoLS Newsletter also highlights the latest legal

developments with an eye for interesting and impactful news in this

discipline providing insight to the reader of contemporary issues.

I also must appreciate that the hardwork put in by our students and

faculty members has ensured that COLS scales new heights year after

year.

Many Congratulations to the CoLS Newsletter Team for keeping the

Newsletter ongoing!

Wishing the Team CoLS Newsletter continued success!

Dr. S. J. Chopra

Chancellor,

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

Around the Globe 6 Faculty Achievements 12

Opportunities 7 CoLS at a Glance 13

Volume II, Issue XII - Volume III, Issue I

Page 2: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

2 Volume II, Issue XII - Volume III, Issue I

Courtroom Drama

SC: SARFAESI Act cannot nullify the

existence of Rent Control Acts in India.

Declaring that a landlord cannot do indirectly

what he has been restricted from doing under the

Rent Control Act, the Hon’ble Apex Court bench

comprising of Hon'ble Mr. Justice V. Gopala

Gowda and Hon'ble Mr. Justice Amitava Roy, in

the case of Vishal N. Kalsaria v. Bank of India &

Ors. Criminal Appeal No.52 of 2016, arising out

of SLP (Crl.) No. 8060 of 2015 ruled that

(SARFAESI) Act does not override the provisions

of Rent Control Act by the virtue of Section 35.

The Appellant were tenants in respect of a

property which was mortgaged by the landlord as

a security in the Bank of India. The bank

proceeded under the Section 13 and Section 14 of

SARFAESI Act on the non-payment of dues, to

obtain the possession of mortgaged property

which was currently in the possession of the

Appellant. The Magistrate relied on Harshad

Goverdhan Sondagar v. International Assets

Reconstruction Co. Ltd. Criminal Appeal No.

736/2014, arising out of S.L.P. (Crl.)

No.1666/2012, and held that the possession of the

land can be recovered by the secured creditor

under SARFAESI Act and thus, the Rent Control

laws cannot bind the bank.

Supreme Court of India rejected the contention of

the bank and ruled that all the provisions of

SARFAESI Act extends to the laws operating in

the same field and hence, the Rent Control Acts in

India do not fall in the ambit of Section 35 of the

said Act. The Hon’ble Court also said that the

Bank of India is not at the liberty to evict the

tenants from the land which has reserved as a

collateral security, on the non-payment of dues by

the landlord.

Courtesy: livelaw.com

SC: Perjury proceeding against Forensic

Expert in the Jessica Lal Case set aside.

In the case of Prem Sagar Manocha v. State NCT

of Delhi Criminal Appeal No. 9-10/2016 arising

from SLP (Crl.) No. 7153-7154/2013, the

Supreme Court of India set aside the perjury

proceedings initiated under Section 340 of the

Code of Criminal Procedure 1973, against the

forensic expert in the Jessica Lal Murder case.

According to the High Court of Delhi, Prem Sagar

Manocha, the ballistic expert departed from his

stand taken in the oral testimony and submitted a

different written opinion, for the benefit of the

accused, Manu Sharma and helped him in

obtaining his acquittal. According to Manocha’s

report, there were two firearms used to fire two

different cartridges. His opinion however was

non-specific and indefinite in the trial court due to

the non-availability of suspected firearm.

The Forensic Expert gave a scientific opinion after

examining the cartridges as to whether they have

been fired from the same firearm or not. The

Supreme Court of India observed the absence of

firearm for proper examination and held that a

closer scrutiny is required to initiate proceedings

under Section 340. The Hon’ble Apex Court ruled

in favor of the forensic expert and stated that the

mere contention of the High Court that the

opinion given by the Expert was not definite and

conclusive does not render the expert evidence to

be false evidence under Section 193 of Indian

Penal Code, 1860. Thus, there exist no reasonable

grounds to initiate perjury proceeding against the

expert evidence.

Courtesy: The Indian Express

Page 3: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

3 Volume II, Issue XII - Volume III, Issue I

Law & Beyond

Juvenile Justice (Care and Protection of

Children) Act, 2015 Passed in India

The Juvenile Justice (Care and Protection of

Children) Act, 2015 was passed by the Rajya Sabha

in the Winter Session of the Parliament in

December, 2015.

The Juvenile Justice (Care and Protection of

Children) Amendment Bill, was introduced in the

Parliament in 2014, as a result of the public outrage

that arose because one of the offenders of the

infamous Delhi gang rape case of 2012 was a few

months short of 18 years of age and according to the

then law, would be released after 3 years of stay in

Special Home.

Earlier, the Act (amended in 2000) classified

offences conducted by Juvenile as serious and non-

serious but did not provide any clear definition for

the two. However, in the new Amended Act of 2015,

offences have clearly been categorised as petty,

serious and heinous. While the petty and serious

offences will be inquired and punished by the

Juvenile Justice Board, for the heinous offences, the

Board can only conduct a preliminary inquiry about

the physical and mental abilities of the juvenile and

his knowledge to foresee the consequences of the

offence he has committed. Final decision in such

cases will be pronounced by the Children’s Courts.

Children below the age of 18 years who are alleged

or found to commit an offence are defined as

‘children in conflict with law’. The demand of the

public was to lower the age of juvenile from 18

years but India could not do so because it is bound

by the Convention on the Rights of the Child

(CORC) framed by the UNICEF which defined the

child as a person below the age of 18. India could

not submit to the demand of the public that asked for

death penalty to those who committed heinous

offences such as rape and murder.

However, the Act allows the courts to try juveniles

as adults for heinous crimes such as rapes and

murder, and punish accordingly.

Courtesy: PRS India

Real Estate (Regulation and Development) Bill

2016 Passed by Rajya Sabha

The Real Estate (Regulation and Development) Bill

2016, that aims to protect the interests of

homebuyers and enhance the credibility of the

construction sector, was passed unanimously in the

Rajya Sabha. It also aims to promote transparency,

accountability and efficiency in the Real Estate

Sector.

The Bill proposes to establish a State Real Estate

Regulatory Authority (RERA), after ratification of

the Act in every state of the country, as a

government authority to redress the grievances

against any builder. The RERA will have the

authority to govern both residential and commercial

real estate transactions, and will make it compulsory

for the developers to give all information about the

project plan, government approvals, land title status

and schedule for completion to the RERA and then

RERA shall pass this information to the consumers.

The Bill clearly defines Carpet Area, therefore,

making the practice of selling on the basis of

ambiguous super built-up area for a real estate

project illegal. Also, in case the developer delays a

project, he will be liable to pay the same interest to

the consumer that the latter pays as EMI to the bank.

Main feature of this Bill is that the developer has to

deposit 70% of the collections from the buyers in a

separate bank account thus ensuring that he is not

able to invest in numerous projects with the booking

money of one project which earlier used to lead to

delay in completion and handover to consumers.

The Ministry of Housing & Urban Poverty

Alleviation came up with this Bill to address the

notoriety in the Real Estate Sector and to enhance

the flow of investments.

Courtesy: The Hindu and The Economic Times

Page 4: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

4 Volume II, Issue XII - Volume III, Issue I

As We See It: Indian Tax Authorities Clarify Taxation of EPC/Turnkey

Agreements

The Indian Central Board of Direct Taxes ("CBDT") as of late issued a Circular No.7 of

2016 ("Circular") to give clarity and direction to citizens on the circumstances in which

individuals from a consortium framed to execute an Engineering, Procurement and

Construction ("EPC") and/or a turnkey contract may not be described as an Association of

Persons ("AoP") under the Indian Income Tax Act, 1961 ("ITA").The Circular comes in the

wake of a few clashing decisions with reference to CIT v. Oriental Structural Engineers Pvt.

Ltd., ITA Nos. 444 & 445 of 2014 that was rendered by Indian legal powers on the topic of

whether a consortium shaped to execute expansive base undertakings ought to be portrayed

as an AoP under the ITA, and in like manner be made subject to the going with Indian

charge outcomes.

This issue is of specific pertinence where a consortium includes non-occupants as the

presence of an AoP can uncover a substantial part of a consortium's salary to tax collection

in India, including that identifying with the exercises which may not be attempted in India.

With reference to CIT v. Balkrishna, 39 ITR 546, an AoP is a different assessable element

under the ITA and is considered to appear when two or more persons join together in like

manner reason or normal activity with the object of creating income. Income earned by an

AoP is typically assessable in the hands of the AoP at the most extreme peripheral rate. An

AoP is esteemed to be an occupant of India where its control or administration is not

arranged entirely outside India.

In this foundation, Circular No.7 of 2016 expresses that a consortium game plan for

executing EPC/turnkey contracts which has the accompanying characteristics may not be

dealt with as an AoP. The Circular likewise clears up that there might be other extra

components which might legitimize that a consortium is not an AoP, which would need to

be analyzed on a case by case premise.

The Kelkar Committee Report on "Returning to and Revitalizing Public Private

Partnership Model in Infrastructure" has suggested the advancement of air terminals, ports

and railroads through the Public Private Partnership Model. The Circular denote a stage in

that course and is an endeavor to realize consistency in the utilization of Indian duty rules,

with a perspective to accomplishing the previously stated destinations. To the degree that

the aim was for those elements to be adequate to evade formation of an AoP, the drafting

decision of "might" can bring up issues in the matter of whether this gives the assessment

powers a window to ask further. On a more positive note, the Circular further expresses that

consortium individuals might share contract cost at a gross level to encourage

accommodation in charging and allows regular administration for the purpose of

authoritative comfort and these coordination between gatherings.

Courtesy: www.nishithdesai.com.

Page 5: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

5 Volume II, Issue XII - Volume III, Issue I

Beyond Bar & Bench: News from the profession

‘Big Law Disrupter’ Collyer started in

Singapore by NLSIU alumnus, to focus on

India-Singapore deal corridor

NLSIU Bangalore 2001 alumnus Azmul Haque

left Olswang Singapore in September to start up

Collyer Law, in Singapore. NLSIU batch mate

Palash Gupta joined Collyer as India Desk head,

and former Duane Morris & Selvam partner James

Wong joined as Director.

The firm will counsel start-ups and small

businesses. The main focus has been expressed to

be on the India-Singapore deal corridor, through

advising on company formation, seed and venture

capital, employment law, intellectual property,

corporate finance, mergers and acquisitions,

technology transactions, private equity and

international arbitration.

Collyer is the first Indian-qualified lawyer-

founded law firm in Singapore to be given a

license to practice Singapore law, and as Haque

adds in an email, “the firm does not bill clients

according to hourly rates”, and that there are “no

junior associates handling work meant for

Partners”

Courtesy: barandbench.com

Changes in the CCI dynamism, new Chairman

appointed; ex-chairman hired by CAM

Hundreds applied to replace Mr. Ashok Chawla as

the Chairman of CCI, owing to his retirement.

Mr. Devender Kumar Sikri, a former Gujarat

cadre IAS officer has been chosen to succeed

Chawla in the fair trade regulation body. Sikri will

have tenure of about two and a half years, as

reported.

Previously, Mr. Sikri has also been the Secretary

in the Ministry of Women and Child

Development, Registrar General of Census and

Collector of Rajkot and Jamnagar, among others.

Cyril Amarchand Mangaldas (CAM) appointed

Ashok Chawla, ex-CCI-Chairman, as its strategic

advisory board member, effective January 15,

2016. He has also been mandated to assist CAM

with advocacy and policy advice. Chawla retired

from the CCI on 7th

January 2016, after a 43-year

career as a civil servant from the Indian

Administrative Service Batch of 1973.

Courtesy: legallyindia.com

AZB assists Star India Pvt. Ltd. in MAA TV

(Telegu) acquisition

AZB & Partners advised and assisted Star India

Private Limited in acquisition of MAA Television

Network Limited’s business of production,

broadcasting and/or distribution of general

entertainment channels, music and movies

television channels in Telugu language.

Star India is a leading broadcaster in India with

over 40 channels in eight different languages.

Founded by P. Murali Krishnam Raju in 2001,

Maa TV has satellite telecast rights for about 700

films, a considerable number of them being

Telugu blockbusters. Star’s Shankar said the

company would like to keep the senior and middle

management teams as they were.

Maa TV group was formerly owned by

industrialist Nimmagadda Prasad, Rajya Sabha

member Chiranjeevi and actor Nagarjuna.

Courtesy: livelaw.in

Page 6: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

6 Volume II, Issue XII - Volume III, Issue I

Around The Globe

Poland passes controversial law to weaken

top Court

In a move that undermines the democracy of

Poland, the ruling Conservative Party has

passed a law that will effectively paralyze the

Apex Court of the country and will prove a

substantial obstacle to the system of checks and

balances on the government.

Poland’s Constitutional Court, which functions

to check on the constitutional validity of

challenged law, will now face hurdles. The

approval of the new law entails raising the bar

for constitutional court rulings from a simple

majority to a two-thirds majority. The new law

hinders the proper functioning of the legal

system and undermines the court’s

independence. The law faces criticism from the

Polish Supreme Court, the Parliamentary

Assembly of the Council of Europe, Amnesty

International and former Polish President Ms.

Lech Walesa.

Courtesy: www.theguardian.com

Spain court declares Catalonia independence

plan unconstitutional

Following the economic crisis in Spain post

2008, The Catalonians want to secede from

Spain. They only account for sixteen percent of

the population but that sector is enormously

wealthy; contributing to 20 percent of the GDP.

The Catalonians believe that the rest of Spain is

an economic burden on them.

However, with the ruling of the court, someone

has thrown a spanner in the works. The Spanish

Constitutional Court has declared that the

decision to start a secession process is

unconstitutional as it infringes certain

provisions of the Constitution.

“The principle of democracy cannot be

considered to be separate from the

unconditional primacy of the constitution,” the

court said in its decision, noting that the motion

violated five articles of the constitution as well

as two articles from Catalonia’s statute.

Being one of the fastest decision’s in the

Court’s history (coming only three weeks after

the government had filed the appeal), the media

has branded it a political lever to be sidelined

before the oncoming general elections of Spain.

The acting Catalan government is not worried

and said that this ruling would have minimal

effect in obstructing the political will of the

regional parliament.

Courtesy: www.jurist.org

Bulgaria lawmakers approve constitutional

amendments to reform judiciary.

Bulgaria is believed to be one of the most

corrupt countries in the European Union and has

made scant progress in jailing its crime bosses

and corrupt senior government officials. The

National Assembly of the Republic of Bulgaria

approved amendments to the Constitution to

reform the judicial system. The changes were

approved on a first reading and will have to be

voted again.

The proposed changes include reducing the term

of the Supreme Judiciary Council (SJC) by one

year. This body will also be divided into

separate bodies – a thirteen member college

overseeing judges and a twelve member college

overseeing prosecutors. It also nullifies secret

voting by magistrates, thus paving the road for

direct election. It also increases the power of the

judicial inspectorate.

Courtesy: www.reuters.com

Page 7: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

7 Volume II, Issue XII - Volume III, Issue I

Opportunities

NUALS’ International Seminar on Legal and

Economic Analysis of Goods and Service Tax

[April 5, Kochi]

Submit by March 17

Centre for Consumer Protection Law and Policy

(CCPLaP), Centre for Law and Economics (CLE)

& Centre for Parliamentary Studies and Law

Reforms (CPSLR) and The National University of

Advanced Legal Studies (NUALS), Kochi has

invited papers for international seminar on “Legal

and Economic Analysis of Goods and Service

Tax” on 5th

April, 2016.

For any further query, feel free to contact:

[email protected]

GNLU-GUJCOST and Centre for IPR Essay

Competition 2016:

Submit by May 15

GNLU-GUJCOST, in association with GNLU

Centre for IPR, is conducting an essay

competition on contemporary and emerging issues

in the field of intellectual property rights.

The theme for the competition is: Digital Divide-

Culture Re-imagined.

For further details or queries, contact:

Dr. Nidhi Buch, Faculty Convener and Director,

GNLU Centre for IPR; Email: [email protected]

Mr. Hardik Parikh, Faculty Member, GNLU

Centre for IPR; Email: [email protected]

Ms. Tania Sebastian, Faculty Member, GNLU

Centre for IPR; Email: [email protected]

BPSMV’s National Seminar on Re-envisioning

Social Justice in the Era of Globalization

[March 26, Haryana]

Submit by March 23

Papers for National Seminar on Re-envisioning

Social Justice in the Era of Globalization Research

are invited from scholars, researchers,

academicians, social workers and students on the

theme of the seminar.

For Further Details or Queries, Contact:

Dr. Kritika : 9812589760

Ms. Alka Bharti : 9671647922

Dept. of Laws: 01263283723

Udgam Vigyati, Indore Institute of Law’s Law

& Management Journal:

Submit by May 15

Indore Institute of Law finds immense pride in

inviting you to contribute from your deep array of

wisdom & learning to our Law & Management

Journal “UdgamVigyati” – The Origin of

Knowledge, bearing ISSN 2455 – 2488.

It is a peer reviewed, multi-disciplinary journal

aiming to communicate high quality original

research work, reviews, short communications

and case report that contribute significantly to

further the knowledge related to the field of

Law and Management.

For any further query, feel free to contact:

[email protected]

Page 8: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

8 Volume II, Issue XII - Volume III, Issue I

Know Your Faculty

Mr. Amit Sinha (AS) has been associated with CoLS, UPES for a short but valuable time as an

Assistant Professor and specializes in International Investment Law and International Commercial

Arbitration.

Summing up his experiences so far, he gave Team CoLS Newsletter (TCN) some insights-

TCN: Hello sir, please, tell us something about yourself. What do you think are your strengths and

weaknesses?

AS: I have graduated in Law from Hidayatullah National Law University, Raipur in the year 2012. I did

my post-graduation in Law from South Asian University, New Delhi with specializations in International

Legal studies. Thereafter, I started working in Vidhik Law Partners, a law firm based in Delhi. Currently I

am working here at College of Legal Studies, UPES. I believe that my motivation to learn and to persevere

for the same is my forte. However I feel that at times I am not able to give enough time to myself and my

hobbies, but yes I do try to get time for the same.

TCN: What has motivated you towards the academic profession? From where did you get your

inspiration?

AS: My father has always been a source of inspiration for me to pursue law as a career. All professions have

their own merits and very often it is a matter of one’s own choice. I decided to go for academic profession

for the simple reason that it offered me a platform to indulge in research activities and contribute and work

more in my field of specialization i.e. International Investment Law and International Commercial

Arbitration. Apart from this, I think academics in general and legal academics in particular are a very

progressive and noble profession. If a person has an interest in a particular subject then academics provides

him a wonderful opportunity to discover and research that particular subject.

TCN: What techniques do you think professors should apply to make lectures interesting?

AS: I think the whole idea is to connect with the class and make the students understand the concept and

so the aim shall always be to maximize the participation of the students. That is why I prefer the discussion

mode of learning to make the lectures interesting. I keep on innovating methods to make the lectures

interesting by conducting certain quizzes on the subject, presentations, group work, encouraging the students

to write research papers etc.

TCN: It's been a while since you have been in UPES. What are the things you like or dislike about the

college?

AS: Professionalism in UPES is its biggest plus point. It makes the working and academic environment

sound and efficient. Apart from this, it provides us with world class infrastructure and other basic facilities

suiting the needs of an academic institution. It also provides a sound platform not only for students but also

to the faculty members to indulge in research activities and explore their field of expertise with more vigour.

With this, I would suggest there must be a ‘Faculty Rejuvenation Center’ in every college; where faculty

members can also indulge in sporting and extra-curricular activities.

TCN: Beyond the professional life, what do you indulge in as a hobby?

AS: I have profound liking for the game of chess. Travelling, cooking and listening to music are my

hobbies. I also love to spend time with my friends and family.

Page 9: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

9 Volume II, Issue XII - Volume III, Issue I

Know Your Alumnus

Ms. Janani Srinivasan (JS) is from the Second batch of Integrated B.A.,

LL.B. (Energy Laws) (2008-2013) of CoLS. She is currently a research

associate with Kay Bailey Hutchison Energy Center (KBHEC) and Vinson &

Elkins, LLP, Houston, Texas, USA. Team CoLS Newsletter (TCN) managed

to get a few insights from her.

TCN: How did your experience at UPES help you shape your career?

JS: The best experience I cherish from my UPES days is the friendships I forged. When you are in

college you don’t realize that the people whom you shared half a century with in a small town like

Bidholi would end up being your big ticket to a great professional network. Today my friends are district

judges, academicians, associates at top law firms, and when I need career advice, or help on a case brief

that is new to me, it is this group that I tend to rely on. Practicing oil and gas transactions in Texas now, I

often find myself relating back to my classroom lessons in oil & gas and mining laws. Until date I still

use references from my Sectoral Report, to understand the energy scenario in India then. When I joined

law school in 2008, UPES was the only university offering a sector-specific LL.B program with special

emphasis on Energy Laws. Today I understand the value of this curriculum.

TCN: What would you look for if you were to hire graduates from UPES?

JS: I would look for “Attitude” than a graduate’s skill set. I believe skills can be taught and grades can

be improved. Whereas an attitude towards one’s job is largely self-motivated. A person with a positive

attitude and perseverance to learn is a great addition to any team. I was not a 3 pointer… I survived!

TCN: You are truly an inspiration for many UPESites. What/who was your inspiration to help

you make the cut?

JS: I don’t attribute my inspiration to one person or one thing. It was a combination of various elements.

UPES professors, my friends, family, everybody inspired me to push past my limits. Not to sound too

selfish, it was largely my own self-expectations that helped me identify my career path.

TCN: What extracurricular activity, according to you, can be most broadening a learning

experience?

JS: Any activity outside the academic box is important. Interestingly in my experience my hobbies have

actually helped me focus better at work and taught me patience. According to me Moot courts, debates,

journal writings, internships are not extra-curricular, rather extremely important co-curricular activities

that help you developed a rounded understanding of the nature of your work.

TCN: What are your views on the changing dynamics of teaching/learning across law schools in

India?

JS: I think we are at the corner of a positive change. I come across many law graduates opting a career in

academia, compared to other traditional means of practice like litigation or law firms, which is great. We

are moving away from passive learning techniques to more interdisciplinary approaches, which I feel is

especially important in law practice.

Page 10: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

10 Volume II, Issue XII - Volume III, Issue I

Students’ Achievements

Paper presentation at India Habitat Centre, New Delhi

Anuveeta Datta Chowdhury B.Com., LL.B. (Hons.), Year II and Akash, B.A., LL.B. (Hons.), Year V,

presented a paper titled “Reformed Indian Policies: Dawn for the Nation” in International Seminar of

DSPSR, 2016 and 2nd

Annual Conference of IAMD. The theme of the paper was “Make in India: The

Road Ahead” and the conference was held at India Habitat Centre, New Delhi on January 3 & 4, 2016.

Their paper has also been accepted for publication.

Internship Experience in Russia

Simarpreet Wadhwa and Surbhi Khandelwal, B.A., LL.B. (Hons.), Year I, went to Russia for internship

through AIESEC and have shared their experience:

“There are some experiences that leave a long lasting impact on our lives. This

internship was definitely one of them. The opportunity of sharing our thoughts with people of

entirely different origin and background about India’s culture, prevalent laws, values etc. was

simply amazing and a unique experience.

We went there for a month through 'AIESEC'. Our project themes included 'Education’

and ‘Explore Russia'. On a lighter note, the quintessential European architecture left us

fascinated! Exploring the city is something we terribly miss. We went there at the pivotal time

of celebration i.e. the New Year, and the magnificent fireworks were something to die for!”

Placement News

We heartily congratulate our Final Year students for successfully securing placements at the following

reputed organizations and law firms:

Merritz Law Firm, Dubai: Aditya Trehan, B.A., LL.B. (Hons.)

Apex Attorney International Trade law LLP: Diksha Tomar, B.A., LL.B. (Hons.)

DNS Management Consultancy: Love Khari, B.A., LL.B. (Hons.)

NKG Advocates: Parijat Singh, B.A., LL.B. (Hons.)

SR Law Associates: Amol Chitravanshi, B.B.A., LL.B. (Hons.)

Everest Cables: Anuja Keshava, B.B.A., LL.B. (Hons.)

DJS Legal: Atisha Singh, B.B.A., LL.B. (Hons.)

VJ Advocates: Shimona Singh Kulhara, B.B.A., LL.B. (Hons.)

DJS Legal: Urvashi Shahi, B.B.A., LL.B. (Hons.)

Advocate, K.M. Pande, Gujarat High Court: Vatsal Jagdi Somani, B.B.A., LL.B.(Hons.)

We wish all of them best of luck for their future!

Page 11: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

11 Volume II, Issue XII - Volume III, Issue I

Campus News

SURANA AND SURANA “ENERVIONS” INTERNATIONAL ESSAY WRITING COMPETITION

2015

College of Legal Studies, University of Petroleum and Energy organized its first International Essay Writing

Competition, “ENERVIONS” in collaboration with Surana and Surana International Attorneys, under the

mentorship and effective guidance of the Dr. Tabrez Ahmad, Faculty Convener, Dr. Sujata Bali and Faculty

Co-convener, Ms. Charu Srivastava. Presently, the sphere of law has been continuously evolving in the field

of energy and environment. The theme of the competition was based on “Convergence of energy and

environment sectors: Legal perspectives”. The topics of the competition were quite challenging but the

competition received 52 entries from students across the world. The theme of the competition mainly

featured the following dominant topics:

Hydraulic Fracturing in the Exploitation of Unconventional Gas: Scope for the Protection of

Environment in the Pertinent Legal Framework.

Petroleum Operations in the Arctic Region: A Regulatory Approach to the Protection of

Environment.

Environmental Disasters and Accountability of Oil Companies: Lessons to Be Learned from BP Oil

Spills.

Fukushima Incident: Revisiting Human and Environmental Safety.

The worth of the competition was further enhanced by the jury consisting of eminent professors, researchers

and academicians namely, Professor Arnaldo Sobrinho, University of Paraiba, Brazil, Dr. Kamrul Hossain,

Senior Research Scientist, Artic Centre, Rovanieme, Finland who were two remarkable personalities from

international universities, Dr. MD. Zafar Mahfooz Nomani, Faculty of Law, AMU, Prof. M K Ramesh,

Professor of Law, National Law School of India University, Bangalore, Mr. Apoorva Misra, Partner, Jyoti

Sagar Associates, New Delhi, Mr. Avdhash Kaushal, Chairman, RLEK, Mr. Anshuman Sharma, General

Counsel & Director - Public Policy, Cairn India Limited; Mr. Mohammed Naseem, Chairman & Managing

Partner, Global Law of Liaison Services and Mr. Rohit Rajagopal, Counsel, BG Group were other eminent

personalities to be a part of distinguished jury.

The Advisory Committee of the Competition was constituted by our Director, Professor (Dr). Tabrez

Ahmad, CoLS, UPES, Dr. S. Ravichandran, Advocate & Head, Academic Initiatives, Surana &Surana

International Attorneys, Chennai, Mr. Sampath Kumar (Industry Fellow) CoLS, UPES and Dr. Azim B.

Pathan, Faculty, CoLS, UPES.

The first prize of INR 25,000 was bagged by Puneet Rathsharma and Kartik JP, West Bengal National

University of Juridical Sciences, Kolkata; the Second prize of INR 20,000 was won by Geetashree S. Kurup

and Jagdish Jena, National Law University, Assam and the third prize was of INR 10,000 won by Dhruv

Tiwari and Anand Swaroop Das, National Law University, Odisha. To boost the morale of participants and

to appreciate their hard work there were 12 consolation prizes of INR 1000 each.

We take immense pleasure in congratulating all the winners and participants of International Surana and

Surana Essay Writing Competition, 2015.

Page 12: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

12 Volume II, Issue XII - Volume III, Issue I

Faculty Achievements

Dr. Saroj Bohra

Awarded Certificate of Appreciation for Exemplary work in area of excellent coordination &

successful organizing of National Seminar (21st to 22

nd November, 2015) on December 15, 2015 at

Communication meet at UPES.

Dr. Mamta Rana

Published a paper titled “Examining the Interface between Intellectual Property Rights and Plant

Genetic Resources”, in Journal of Legal Studies, Issue July 1, 2015, Vol. 3, ISSN 2321-1059.

Dr. Sujata Bali

Presented a paper entitled “Cyber Crimes against Women: Looking from Victims’ Perspective” at

The International Conference on Victim Compensation and Restorative Justice and National Bill

Drafting Competition On Victim Compensation, 2015, organized by Centre for Advanced Studies in

Human Rights (CASIHR), Rajiv Gandhi National University of Law, Punjab in collaboration with

Institute of Correctional Administration, Chandigarh through web-conferencing on November 23,

2015.

Dr. Sandhya Kumari

Awarded Ph.D. on the topic of “Migration and Human Trafficking in Children for Labour Purposes:

A Case Study of Jharkhand”, an empirical study under the revered guidance of Professor S. C. Raina

from Faculty of Law, Delhi University, Delhi on 20th

November, 2015.

Delivered a lecture as resource person on “Indian Laws and Court Rulings related to Human

Trafficking” at LNJN National Institute of Criminology and Forensic Science, Delhi in a three-day

Workshop on “Forensic Evidence in Human Trafficking” on December 22, 2015.

Mr. Aravindan Anandan

Presented a paper on 'RTI as a tool for enforcing women's social security' at 'International

Conference on Gender Equality' conducted by The Gender Park, Dept. of Social Justice (Govt. of

Kerala) and UN Women conducted from November 12 to 14, 2015 at Kovalam, Kerala.

Ms. Pooja Gautam

Presented a paper on ‘Technological advancement of criminal justice system’ in two days national

seminar on ‘Criminology, crime and the criminal justice system: an insight in the contemporary age

of science and technology’, conducted from November 21 to 22, 2015 organized by CoLS, UPES.

Ms. Charu Srivastava

Presented a paper on the title “Access to Medicine in India: A Crisis or Miracle” in the National

Seminar on the Evolving Regime of Intellectual Property Protection which was co organized by

Jawaharlal Nehru University, Public Health Foundation of India and Third World Network under the

umbrella of Health Economics Association of India (HEAI) conducted from November 2 to 4, 2015.

Page 13: COLS NEWSLETTER - upes.ac.in · PDF fileBiswaroop Mukherjee Devashish Jain Girdhar Khattar ... the case of Vishal N. Kalsaria v. Bank of India & Ors. Criminal Appeal No.52 of 2016,

13 Volume II, Issue XII - Volume III, Issue I

Glimpses of Literary Events during Law Week Celebrations

Nov. 23-26, 2015