The Prime Minister of India has announced through his tweets on Monday that the Prime Minister’s Citizen Assistance and Relief in Emergency Situations Fund will finance two makeshift COVID 19 dedicated hospitals in Bihar. These 500-bed hospitals are going to be located at Patna and Muzaffarpur and will be inaugurated soon. The PM has pointed out the features of these hospitals in a series of tweets, saying the hospitals will contain 375 regular beds with 125 beds having ventilators. All the beds are to have oxygen supply. Further, the Prime Minister has also revealed that the Defence Research and Development Organisation will construct the hospital and the Armed Forces Medical Services will supply the doctors. Bihar is one of the 10 states to show the highest COVID 19 positive cases in the country.
Union Animal Husbandry and Dairying Secretary, Atul Chaturvedi appears to be mulling over Section 11 Sub Section (1) of Prevention of Animal Cruelty Act, 1960 that provides the penalty for inflicting any form of cruelty on animals to be not less than Rs 10 and not more than Rs 50. He has expressed that his ministry is examining the rising cases of animal cruelty and is contemplating increasing the fine to make the Act more stringent and prevent such cases.
The 60-year-old Act stipulates the provision of penalising people who inflict any kind of cruelty defined in the section with a meagre amount of fine. Under the same law, none of the actions identified as ‘cruelty’ under Section 11 subsection (1) is cognisable except organising fights and shooting matches that use animals. Several animal rights activists and party members have demanded a change in such unreasonably low penalties.
Deccan Education Society (DES) is graced by the founding fathers’ vision and glory, Lokmanya Shri. Bal Gangadhar Tilak, Shri Gopal Ganesh Agarkar, Vishnushastri Chiplunkar, Shri. Madhav Ballal. It has a distinct advantage of having a unique heritage of the Deccan Education Society, and it intends to guard and cherish it fiercely. It follows the same tradition of its parent society today, which is reflected in the tremendous growth of DES SNFLC in a short period.DES Shri. Navalmal Firodia Law College has entered its 13th year, keeping pace with the social change and answering responsibly, all the demands of any complex and intricate global legal set up. It has brought about a tremendous metamorphosis in terms of inculcating legal education through innovative pedagogy. It has been ranked in the top 25 colleges by ‘India Today’ magazine three years consecutively. The students have been proving their worth by securing merit ranking in Savitribai Phule Pune University every year.
LOCATION
Gate No.3 Fergusson College Campus, Pune – 411 004.
Principal Office, Full Time Lecturers Staff Room, Common Room, Store Room, College Office, Placement Cell, NSS office, Research Cell.
3.
Administration Block
14841 Sq.Ft.
4.
Academic Block
3112.85 Sq.Ft.
5.
Playground/Sports/Games Area
242170 Sq.Ft.
6.
Class Rooms
16
7.
Seminar/Tutorial/Conference/Committee Rooms
19
LIBRARY
No University in the world has ever risen to greatness without a correspondingly great library…” Lawrence Clark Powel. The library extension on the third floor, having a seating capacity of 100 students, was inaugurated by Dr. Abhay Firodia, Chairman, and Force Motors on 17th February 2012.
HOSTEL
As they say, a hostel is a home away from home. There are two different buildings, one of the boy’s hostel and the other with proper facilities. It is also surrounded by many trees and seems like a peaceful hilly area.
ACADEMICS AND FACULTIES
The faculty is divided into full time, visiting, administrative staff, and non-law faculty members. The college provides various courses like BA.LLB, LLB, LLM, and DTL.
ADMISITRATION AND FEE STRUCTURE
COURSE
TOTAL FEES/ YEAR
ELIGIBILITY
Diploma
–
–
L.L.B
₹24,000
Graduation
B.A + L.L.B
₹24,000
10+2
L.L.M
–
L.L.B.
CAFETERIA
As the campus has a large area with many other departments, there are two to three cafes at a distance on the whole campus with big menus and a hygienic and clean area around.
STUDENTS AND CULTURAL ACTIVITIES
Students from various parts of the country come to gain legal knowledge. The cultural activities include INDRADHANUSH, the annual fest with a sister fest DUM take place every year with various fun activities like bag painting, rangoli, writing, fireless cooking, solo and duet singing, Pictionary. Students also participate in fests outside college like MALHAR, VEDANTA, TROIKA, MILESTONE 35, PURUSHOTTAM KARANDAK, and many other sports events too.
PLACEMENT
To produce complete professionals and holistic individuals, DES’S SNFLC has been instrumental in providing access to the students to potential employers and the finest of the related opportunities in this regard. Various Companies, Law Firms, and LPO’s offered placements. A large group of students forwards other activities under the placement cell, such as campus visits, mentorship, also CVs.
BEST THING
The facilities are really good. The college provides a Wi-Fi connection and a computer lab. The classrooms are well maintained. There are medical facilities provided. There are sports facilities and many other things which help the students. There’s also a moot court society, legal research cell, and the atmosphere is quite good.
WORST THING
Nothing is worst; It’s a decent college with facilities for the completion of your law course.
ANY OTHER
The college also organizes study tours to Mumbai High Court as well as to Delhi Supreme Court. Activities related to NSS also take place throughout the year. Various research papers, blogs, sessions, seminars, debates, moots take place throughout the year. The college takes care of all the cultural and academic participation of the students.
According to Hindu mythology, Lord Rama was born on the Sarayu river banks, which in present-day is a place identified in Uttar Pradesh. According to Hindu beliefs, a temple stood at the birthplace of Lord Rama, which was demolished in 1528 by Mughal emperor Babur who then constructed the Babri Masjid there. Again in 1992, kar sevaks blazed the mosque to the ground. The disputed land measured 2.77 Acres.
In 1885, Mahant Raghubar Das filed a suit to build a temple on the Ramchabutra. In 1934, some parts of the mosque were damaged due to a struggle between the Hindu and Muslim communities. Then in December 1949, idols of Lord Ram were forcefully placed in the central dome resulting in a desecration of the mosque. A suit is later filed by Nirmohi Akhara in 1959, asking for possession of the site. A lawsuit is filed by Sunni Central Board of Waqf in 1961, claiming ownership.
In 1984, Vishwa Hindu Parishad(VHP) started a campaign for the construction of Ram Mandir at the site. In 1989, the foundations of Ram Mandir were laid down by the VHP after getting permission from the Rajiv Gandhi government. On December 6, 1992, the Babri Masjid was destroyed entirely. Hearings in High Court started in April 2002 to ascertain the ownership. On 30 September 2010, it was ruled by the Allahabad HC that the land should be divided into three parts- one third to Ram Lalla Virajman, which was represented by the Akhil Bhartiya Hindu Mahasabha; one third to the Sunni Waqf Board and the remaining to the Nirmohi Akhara. The case is then taken to the SC by the parties in December. The judgment finally came in November 2019.
Question of law
Was the claim of the parties barred by limitation?
Who had ownership and title over the property?
Law of adverse possession applicable equally to the Hindu and the Muslims?
Can idols and idol worship places be considered as juristic entities?
Held
Based on the oral and written evidence presented, it was concluded that Babri Masjid was built on Janmaasthan of Lord Ram.
The disputed property would be treated as a single composite unit instead of the three portions split by the Allahabad High Court ruling in 2010.
A trust would be set up under Section 6 of the Ayodhya Dispute Act with the Board of Trustees or any other suitable body. Its working and management would be determined by the scheme framed by the Central government.
The disputed property would be handed to the Trust or the body as per the above clause, and 5 acres of land would be given to the Plaintiff, Sunni Central Waqf Board.
The ownership claim of the Shia Waqf Board was rejected.
Another piece of land will be given to the Muslims as per article 142
The Plaintiff has the right to worship at the disputed property subject to restrictions imposed to maintain peace and order.
The Supreme Court, on Friday, dismissed a Public Interest Litigation filed by two homeopathic physicians, Dr Ravi M Nair and Dr Asok Kumar Das, seeking permission to treat mild COVID 19 cases with homeopathic treatment and intense cases with homeopathy and add on therapy. The plea states the arbitrary delay as a violation of Article 21. It goes on to claim:
Homeopathic medical treatment had ‘ample scope’ to treat COVID 19 cases as it was not based on causative pathogenic microbes.
It could stop the spread of the virus in the active stage.
It could prevent further complications of the disease, thereby avoiding the need for advanced treatments.
Unlike allopathic clinics, there are homeopathic clinics in every nook and corner requiring cheaper testing equipment.
However, the plea stands dismissed by the Supreme Court on the grounds that the authorities are awaiting approvals and clinical trials of the same.
Bar Human Rights Committee of England and Wales, working on challenging human rights violations, protecting lawyers, judges, social rights activists, and journalists, etc., on the 19th of August raised concerns over the Supreme Court’s judgment convicting Advocate Prashant Bhushan of contempt of court over his two tweets. BHRC has issued a statement saying the August 14th Supreme Court judgement delivered by Justices Arun Mishra, B R Gavai and Krishna Murari should go through a review process and until the review process is completed Mr Bhushan’s sentencing shall stay.
BHRC has also included in the statement that the Supreme Court, in concluding Mr. Bhushan’s tweets as ‘scurrilous’ and ‘malicious’, “did not hold in contemplation that lawyers are entitled to, and should have, the freedom to voice publicly legitimate criticism of how justice is administered.” The Committee has also urged to abolish Section 2(c)(i) speaking of criminal contempt of court.
This article is written by Abhishek Yadav, Maharaja Agrasen Institute of Management Studies, Rohini
This article basically deals with the topic of classification of corporate securities which includes the definition of securities according to the security contract act, 1956 and their various types.
WHAT IS SECURITIES? Security, in business economics, written evidence of ownership conferring the right to receive property not currently in possession of the holder. The most common types of securities are stocks and bonds, of which there are many particular kinds designed to meet specialized needs. If we talk about kinds of securities, then there are various types of securities available other than stocks and bonds Basically Securities allude to an investment that can be unreservedly traded in the market and gives a privilege or guarantee on an asset and all future cash flows produced by that asset.
ACCORDING TO SECTION 2(H) OF SECURITIES CONTRACT (REGULATION) ACT, 1956 : SECURITIES INCLUDE – shares, scrip’s, stocks, bonds, debentures, debenture stock or other marketable securities of a like nature in or of any incorporated company or other body corporate.
CLASSIFICATION OF SECURITIES Securities can be divided into government securities and corporate securities on the basis of source of the issue.
CLASSIFICATION OF COMPANY SECURITIES CORPORATE SECURITIES Organizations issue various kinds of shares to clean up assets from different investors. Before Companies Act, 1956 public companies used to give three sorts of shares, for example, Preference Shares, Ordinary Shares and Deferred Shares. The Companies Act, 1956 has restricted the kind of shares to just two-Preference share and Equity Shares.
EQUITY SHARE Equity shares, otherwise called ordinary shares or common shares speak to the proprietors’ capital in an organization. The holders of these shares are the genuine proprietors of the organization. They have a command over the working of the organization. Equity shareholders are delivered a profit in the wake of paying it to the preference shareholders. The pace of profit on these shares relies on the benefits of the organization.
PREFERENCE SHARES As the name proposes, these shares have certain preferences when contrasted with a different type of shares. These shares are given two preferences. There is a preference for the instalment of profit. At whatever point the organization has distributable benefits, the profit is first paid on preference share capital. Different investors are delivered dividend just out of the rest of the benefits, assuming any. The second preference for these shares is the reimbursement of capital at the hour of liquidation of the organization. In the wake of paying outside loan bosses, preference share capital is returned. Equity shareholders will be covered just when preference share capital is returned.
DEFERRED SHARES These shares were prior given to promoters or founders for administrations rendered to the organization. These offers were known as Founders Shares since they were ordinarily given to founders. These shares rank last so far as an instalment of dividend and return of capital is concerned. Preference shares and equity shares have needed as to instalment of dividend. These shares were by and large of a little division and the administration of the organization stayed in their grasp by temperance of their voting rights. These shareholders attempted to deal with the organization with proficiency and economy since they got dividend just finally.
NO PAR STOCK/SHARES No par stock methods shares having no assumed worth. The capital of an organization giving such shares is partitioned into various determined shares with no particular category. The share endorsement of the organization basically expresses the number of shares held by its proprietor without referencing any presumptive worth.
The estimation of an share can be controlled by partitioning the genuine total assets of the organization with the absolute number of shares of the organization. Dividend on such shares is paid per share and not as a level of fixed ostensible estimation of shares.
SHARES WITH DIFFERENTIAL RIGHTS “Shares with differential rights” means that shares issued with differential rights in accordance with section 86 of the Companies Act. Section 86 of the companies Act, as amended by the Companies (Amendment) Act, 2000, provides that the new issue of the share capital of a company limited by shares basically of two kinds namely:
EQUITY SHARE CAPITAL With voting rights, With differential rights as to dividend, casting a ballot or in any case as per such rules and subject to such conditions as might be recommended.
PREFERENCE SHARE CAPITAL Sub-clauses (i) and (ii) in clause (a) above were inserted by the Companies (Amendment) Act, 2000 which came into effect on 13th December 2000. Subsequently, section 88 of the Companies Act was precluded which restricted issue of equity shares to unbalanced rights. Nonetheless, it must be noticed that the issue of shares with differential rights as allowed by the Companies (Amendment) Act, 2000 is associated with equity shares just and not the preference shares.
SWEAT EQUITY The term ‘sweat equity’ signifies equity shares gave by an organization to its employees or chiefs at a markdown or for thought other than money for giving ability or making accessible rights in the idea of intellectual property rights (state, patent or copyright) or worth increments, by whatever name called.
The thought behind the issue of sweat equity is that a representative or executive works best when he has ‘feeling of belongingness’ and is plentifully remunerated.
One of the methods of rewarding him is by offering him portions of the organization at low costs, where he is working. It is named as ‘sweat equity’ as it is earned by difficult work (sweat) of employees and it is likewise alluded to as ‘sweat equity’ as employees become upbeat on the issue of such offers. The reason for sweat equity is to guarantee more dedication and support of employees.
DEBENTURES OR BONDS An organization may raise long haul account through public borrowings. These advances are raised by the issue of debentures. A debenture is an affirmation of a debt. As per Thomas Evelyn.
“A debenture is a record under the organization’s seal which accommodates the instalment of a chief entirety and intrigue subsequently at ordinary interims, which is generally made sure about by a fixed or drifting charge on the organization’s property or undertaking and which recognizes a credit to the organization’s property or undertaking and which recognizes an advance to the organization”.
A debenture-holder is a loan boss of the organization. A fixed pace of intrigue is paid on debentures. The interest on debentures is a charge on the benefit and misfortune record of the organization. The debentures are commonly given a drifting charge over the benefits of the organization. At the point when the debentures are made sure about, they are paid on need in contrast with every single other creditor.
CONCLUSION These are the types of securities of the government securities and corporate securities. As we have already understood that Government securities are bonds and securities given by the government towards meeting their budgetary shortages. These securities are considered as perhaps the most secure type of investment as sovereign assurances back these. Investors can purchase and offer these securities to procure capital gains and appreciate a steady premium instalment on the presumptive worth of their investment. On the other hand, the corporate securities can be as the- debentures, shares, loans from institution’s, public deposits. And all these for the purpose of making fixed capital, joint-stock organizations mobilize funds from the public in the form of ordinary or equity share or preference shares.
This article is written by Abhishek Yadav, Maharaja Agrasen Institute of Management Studies, Rohini
Introduction: Controlling a population, shaping the future One of the major issues in the world is population nowadays because the population is increasing day by day and the sources are limited for living. For creating the awareness about this population issue we celebrate Population day every year on the 11th of July. Population growth in the world directly triggers higher demand for provision of various aspect of Human existence including housing, healthcare, food, infrastructure, jobs access to resources and many other issues. Controlling the population and their sustainability is vital in the health of a country’s economy. There is not a set pattern to solve this issue either in developed or in developing counties. One of the best way to aware the people about that the population growth is just by giving the education to them about this population problem like to getting them to know that if the world becomes overpopulated so no one can get a better life and everyone going to face the difficulty to getting the better education, healthcare, and future job opportunities etc. (1) People are more aware in the developed countries in comparison to the developing countries about the family size and population growth issue, the people who are in developing countries there traditional perception about children as important capital for a family are still prevalent. Need to control the population If we talk about India so population growth is a major issue in the country right now, PM Narendra Modi in his Independence Day speech called for deeper thought about this issue. PM said that this population explosion can create new problems for future generations. However, the government is doing there best to aware the citizen of the country about this issue. (2) The population is a big concern even the growth rates are declining recent estimates and statistics are showing slightly positive picture about India. But still, this is a major issue because of social and economic reasons. According to the ‘world population report, 2019’ India will overtake China in less than a decade but the news projections for India are the lowest since the UN began these forecasts. The reason is the sharp decline in India’s population growth rates over 10 years from 2001 to 2011. According to Census 2011, the growth rate of population has declined from 21.5% during 1991-2001 to 17.7% during 2001-2011, across all religious groups.(3)
Why do we need strict population control law A country can only survive and grow when their population is in control because the sources are limited to fulfil the need of everyone. According to many of eminent personality in the recent time, we need a strict law to control the population problem and even the government is also aware of this issue that how much we need a strict law to tackle this issue according to Sanjeev Balyan (Union Minister, Govt. Of India) “Population explosion is the reason for most problems we are facing in this country. Pollution, poverty, and lack of sanitation facilities are all related to the high population and ‘Bharat Mata’ cannot bear this burden anymore.”(4)
And the government has presented their population control bill, 2019 in Rajya sabha once and there are doing everything to control the population in the county. World’s Population as of Now: as per the UN population division the current population of the world is 7.8 billion and the five most populous countries are as follows:
1 China 1,415,046,928 2 India 1,354,051,764 3 United States 326,766,948 4 Indonesia 266,894,980 5 Brazil 210,867,954 In a country like India where the sources are limited to fulfil the need of everyone and the citizen’s of the country are not that educated or aware about the issue like population control and they believe in the traditional values about there children’s especially the boy, so because of all this, it becomes the duty of the government to aware the citizens of the country about the population problem and they also need to make the strict laws related to population control so that it can help in controlling the population.
Conclusion The world is facing the population issue especially the countries like China and India and other developing countries because of the lack of education, lack of awareness and because of there tradition values more than half of the world population is living in 2 countries(China and India) but China has made some controversial decisions to control the population like the one-child policy but in India, there is not such any law to control this issue and because of this the population is rising rapidly. This is time that we need to think and take actions related to this issue and make some strict laws and aware of the citizens. Recently the government of Assam made a public controversial draft population policy. Under the policy, those with more than two children will not be able to get the government jobs or avail benefits like government housing contest local body elections.(5) Overpopulation will give us nothing but just the problems because the natural sources are limited and this mother earth is not able to bear our weight anymore and becomes incapable now so, this is the time to do something to control this population problem not only in one country but in the whole world.
Abstract: The world is currently facing the population issue and they need to take the actions against it make some strict laws to control this issue other this can harm everyone.
The Allahabad High Court has overturned a 37-year-old conviction under dacoity of three persons from Kanpur Dehat on the grounds that in the absence of involvement of five or more persons, no sentence should be made out under clauses of dacoity.
Justice Saurabh Shyam Shamshery overruled the judgment of a special court (dacoity) judge made on March 11, 1983, in Kanpur Dehat district.
“The appellants are acquitted of the charges and are hereby ordered to be set at liberty forthwith,” the court said.
The three had filed an appeal against their conviction under Sections 395 (dacoity) and 397 (dacoity with attempt to cause death or grievous hurt). While Balbir and Mohar Pal alias Chhakauri were awarded five-year rigorous imprisonment, Lala Ram (who was charged under Sections 395 and 397) was given a seven-year term. They had been out on bail.
Counsel for the accused cited the Supreme Court’s decisions in Raj Kumar alias Raju vs. State of Uttaranchal (Now Uttarakhand), 2008, and Manmeet Singh alias Goldie vs State of Punjab, 2015, cases to argue that the trial court erroneously convicted the three men under dacoity.
“…it is clear that in case there is a conviction of less than five persons under Sections 395/ 397 IPC, Trial Court must arrive at a finding that there was the involvement of five or more persons,” the High Court observed.
In the absence of such finding no conviction could be made out under aforesaid sections, it noted.
It agreed with the argument of counsel for the convicted men Pranvesh that the trial court did not record any such finding. The trial court judgement simply mentioned that “three accused, facing trial before me, were also along with dacoits who committed dacoity in the house of Raj Kumar,” the High Court said quoting the lower court judgement.
“In my opinion, the above-mentioned finding is not sufficient to conclude that five or more persons were involved in the offence and not sufficient to convict appellants, who are three in numbers under the offence of dacoity,” Justice Shamshery noted.
According to the prosecution, the incident took place on the intervening night of June 26 and 27, 1981, when the three accused, along with four others committed dacoity in three houses in village Badra Majra Bakauthia under Kakwan area of Kanpur Dehat. At 11 p.m. that day, four dacoits jumped into the courtyard of one Raj Kumar and opened the door, which allowed six other dacoits to enter inside. They started beating the inmates and looted the belongings of the resident, who ran away. The dacoits then looted the houses of Ochhey Lal and Ganga Ram in the same village. They also used a firearm in the course of dacoity.
As per the prosecution version, the witnesses saw the features of known dacoits in the light of lantern, torches and burning straw and recognized Balbir, Mohar Pal and Lala Ram.
A letter petition has been sent to the CJI, stating that the Government order directing Universities to compulsorily conduct the examination of final year students is in “sheer violation of the fundamental enshrined in the Constitution of India, as it fails to consider the principles of health, safety, fairness, and opportunity for the students.
The representation has been made by Yash Dubey, a final year law student at the Bhopal University, also the Circle Head at the Youth Bar Association of India (Student Wing). He has urged the Apex Court to take suo-moto of the issue and to put the Academic Calendar for the Universities “in abeyance,” till the situation of Covid-19 normalizes.
Dubey has challenged the compulsory conduct of examination of the final year students, inter alia, on the following grounds:
• The Revised Guidelines are in sheer violation of the fundamental rights enshrined under Article 14 (Right to Equality) and Article 21 (Right to Life and Personal Liberty) of the Constitution of India, as it fails to consider the principles of health, safety, fair and equal opportunity for the students;
• In view of rising numbers of the Covid-19 cases in the country, the conduct of examination (either online/offline/blended) will expose both the examiners and examinees to great health risks:
The conduct of offline exams will entail students (who have already traveled to their hometown) to migrate from one place to another, in order to attend the examination. This will also involve the risk of staying in shared accommodation as various colleges and hostels have been converted into quarantine centers;
• It will be absolutely unjust to neglect the problems that will be faced by thousands of students, who will sit for the online examination as the same will indubitably work against the interest of students whose access to the internet is precarious and who do not have personal computers or laptops in their house, which are imperative to conduct online examination;
He has, therefore, urged the Sc to take steps for the formulation of an ” alternative system of evaluation”, so as to do complete, equal, and fair justice to the students and to exclude the possibility of discrimination, disadvantage, and risk of life.
