Case BriefsHigh Courts

Rajasthan High Court: A Division Bench of P.K. Lohra and Arun Bhansali, JJ. struck down the impugned University Service Regulations, 2001 by declaring them ultra vires.

The petitioners were initially appointed to their respective posts at NLU Jodhpur on a contractual basis. The petition was filed to categorize the impugned decision to discontinue B.SC. LL.B (Hons.) as arbitrary, unreasonable and discretionary. The petitioners also challenged the validity of the impugned University Service Regulations, 2001.

Learned Senior counsel for the petitioners, Rajesh Joshi, submitted that as the petitioners were selected as per Regulation 13(iv) of the Service Regulations in adherence of Articles 14 & 16 of the Constitution, treating their appointment as contractual or on ad-hoc terms was arbitrary and unreasonable. He further contended that the successful completion of probation by the petitioners showed that for all practical purposes they were regular employees. He also submitted that just because the University claimed to be autonomous, its policy decisions didn’t become immune from judicial review. Challenging impugned Service Regulations, it was submitted by the learned Senior Counsel that Regulation 5 & 6 were arbitrary, unreasonable and discriminatory. The same was reasoned about Regulation 2(1)(D) of the Provident Fund Regulations.

The learned counsel for the respondent, Kuldeep Mathur, while referring to the provisions of NLU Act, Statutes, Ordinances and the Regulations, strenuously urged that impugned decision was infallible as the same was based on objective consideration. He further argued that acceptance of the terms of employment by all the petitioners without any protest, in clear and unequivocal terms, was sufficient to invoke the doctrine of acquiescence against them and therefore solely on that count they were liable to be non-suited. Placing heavy reliance on the amended Statute 9 of the University Statutes, he also submitted that the University was enjoying autonomy and therefore it was not obligatory for it to follow the procedure for recruitment provided under the Act of 1974. It was argued by the learned counsel that the NLU Act of 1999, being a special Act and a later Act than the Act of 1974, would have an overriding effect on the earlier Act. The impugned Service Regulations were also argued to be not in violation of Article 14, 16, & 21 of the Constitution.

The Court decided to only examine vires of the impugned Service Regulation as all the other reliefs could be claimed by the petitioners before a Single Bench. The Court relied on State of T.N. v. P. Krishnamurthy, (2006) 4 SCC 517, in which the legitimate grounds to challenge subordinate legislation were laid down by the Supreme Court. It observed that the University Service Regulations were made effective more than two years before the amendment in the Statute 9 and hence the amended Statute 9 could not be treated as a source of the Service Regulations.

The Court held that right to life with human dignity with minimum sustenance and shelter, including all those rights and aspects of life which would go to make a man’s life complete and worth living, would form part of life. Therefore, on joining government service, a person does not mortgage or barter away his basic rights as a human being, including his fundamental right in favour of the Government. The University being a statutory body was not expected to employ teachers and other officials on contract/ ad hoc basis for years together, more particularly when the duties and functions discharged by them were of perennial nature. It was held that it is necessary to do away with total contractual appointment amongst teachers.

In view of the above, the Court held the impugned Service Regulations 5, 6 and amended Regulations 37 and 38 which allowed employment of teachers on a contractual basis, to be manifestly arbitrary and unreasonable. The Court further held that the impugned Service Regulations were in clear negation of Articles 14, 16 and 21 of the Indian Constitution. Service regulations 5, 6 and amended Regulations 37 and 38 were declared as ultra vires and the same were struck down.

However, the Court did not sustain the challenge laid down to Regulation 2(1)(d) of the PF Regulations as it lacked legal foothold. It was directed that the merits of the case and other reliefs were to be heard by appropriate Single Judge Bench.[Prashant Mehta v. National Law University, Jodhpur, 2019 SCC OnLine Raj 618, decided on 28-05-2019]

Law School NewsLive Blogging

Day 1 – Inaugural Ceremony & Preliminary Rounds

The Tenth NLU Antitrust Law Moot Court Competition 2019 has been inaugurated in the honorable presence of Dean Dr. I.P. Massey and the Registrar. The registrations and exchange of memorials between the teams is underway in the auditorium, while the Researchers have begun with the Researcher’s Test!

4.30 PM – Preliminary Round 1 Begins

The judges have been briefed and they are really excited to witness the competition this time. The first Preliminary Rounds are about to begin and we wish all the participants good luck!

6 PM – Preliminary Round 1 ends

The first set of preliminary rounds have ended. The participants are tired after passionately arguing their sides, yet are enthusiastic for the next set. The second set of preliminary rounds will start soon, which will be followed by the reverse prelims.

 

 

8 PM – Preliminary Round 2 ends

The two sets of reverse prelims will begin soon, followed by declaration of the teams advancing to the Octa-finals, to be held tomorrow.

9 PMReverse Prelims begin

The the reverse prelims have begun. This is to ensure each team has an equal chance to argue both sides, and thus maintain a balance in scores. The participants are tired, yet are positive as ever!

11.30 PM Reverse prelims end, results announced

The reverse prelims have been concluded, and due to the brilliant organizers in the tabulation team, we were able to receive the results quickly. Following are the teams qualifying to the Octa-Finals (in no particular order) :

  1. Institute of Law, Nirma University.
  2. Symbiosis Law School, Noida.
  3. National University of Advanced Legal Studies, Kochi.
  4. Gujarat National Law University.
  5. National Law University, Odisha.
  6. ILS Law College, Pune.
  7. Amity Law School, IP.
  8. Rajiv Gandhi National University of Law.
  9. Hidayatullah National Law University.
  10. Symbiosis Law School, Pune.
  11. Government Law College, Mumbai.
  12. School of Law, Christ University.
  13. Faculty of Law, Aligarh Muslim University.
  14. SVKM’S NMIMS KIRIT P Mehta School of Law.
  15. Vivekananda Institute of Professional Studies.
  16. Chanakya National Law University.

Memorials have been exchanged according to the match-ups, and the days events have come to an end. We congratulate the Octa-Finalists!

Day 2 – Octa Finals, Panel Discussion and Quarter Finals

The second day of the Tenth NLU Antitrust Moot Court Competition is successfully underway!

9.30 AM – Octa Finals commence

The judges have been briefed and the Octa Finals have commenced in the respective courtrooms. The participants look fresh and well rested even though they might have been ripping apart their opponent’s memorials all through the night! Wishing them all the best!

Judges scrutinizing the arguments.

1 PM – 4th Antitrust Panel Discussion on Competition Law’s Interface with IBC commences

With the first set of Octa Final rounds over, preparations are in full swing for the reverse Octa Final Rounds. Meanwhile, participants attended the 4th Antitrust Panel Discussion, 2019. The topic for this year’s panel discussion pertains to Interface of Competition Law with the Indian Bankruptcy Code. Our esteemed panelists for this discussion are:

  • Ms. Anubhuti Mishra – An alumnus of King’s College, London and Hidayatullah National Law University, Raipur, she is currently working with the Competition Law team at P&A Law Offices, New Delhi. She has advised on several antitrust enforcement as well as merger review matters.
  • Mr. Shashank Sharma – Graduated from National Law School of India University in 2013. Thereafter, he went on to complete his European Master in Law and Economics in 2017. Since then he has been working with AZB & Partners, where his primary focus is Competition Law, with specific focus on Behavioural & Merger Control.
  • Mr. Toshit Shandilya – Graduated from National Law University, Delhi in 2013, he is currently an associate in the Competition Law team of Talwar Thakore & Associates. He has been involved in various critical enforcement and merger control cases before the CCI, as well as the COMPAT. He has been a law clerk with Justice V.S. Sirpurkar, former chairman, COMPAT where he assisted on a number of important cartel and Abuse of Dominance cases.
Our esteemed Panelists engaging with the participants.

The participants of the panel discussion posed certain interesting questions to our Panelists. The questions ranged from procedural to policy issues, arising from the requirement of taking CCI’s approval for insolvency resolution plans that include combinations. The participants and the Panelists engaged on concepts, such as, the failing firm defence, composite combination transactions, inter-connected transactions, and so on, to name a few. The Panelists also threw some light on their practical experience as Competition Lawyers while dealing with complicated transactions that fall within the regime of the IBC. The interactive session provided the participants an insight into the complex interface between the IBC and Competition Law.

5 PM – Octa’s concluded, results announced

The Octa Finals and the Reverse Octa Finals have been concluded. While the participants argued commendably, our Judges had a tough time reaching consensus. The following are the teams progressing towards the Quater Finals (in no particular order):

  1. National Law University, Odisha.
  2. ILS Law College, Pune.
  3. Symbiosis Law School, Pune.
  4. Institute of Law, Nirma University.
  5. National University of Advanced Legal Studies, Kochi.
  6. SVKM’S NMIMS Kirit P. Mehta School of Law.
  7. Gujarat National Law University, Gandhinagar.
  8. Symbiosis Law School, Noida.

We congratulate the qualifying teams. The exchange of memorials for the Quarter Finals shall be taking place soon at the Registration desk.

A glance into the Quarter Finals.

 

Participant engrossed in the opponent’s arguments.

 

7.30 PM – Quarter Finals concluded, results announced.

The Quarter Finals of the Tenth NLU Antitrust Law Moot Court Competition have come to an end. Here are the teams that have qualified to the Semi Finals.

  1. Symbiosis Law School, Pune.
  2. Gujarat National Law University.
  3. National Law University, Odisha.
  4. National University of Advanced Legal Studies, Kochi.

A hearty congratulations to all the Semi Finalists!

8 PM – Semi Finals Underway

The Semi Finals are currently underway. The teams are engaged in fierce argumentation before an eminent panel of judges in both court rooms. Here, take a glimpse at the rounds.

Judges Vijay Pratap Chouhan (Associate, Platinum Partners), Anand Vikas Mishra (Deputy Director, Competition Commission of India) and Anisha Chand (Principal Associate, Khaitan & Co).

 

Judge Anand Vikas Mishra testing the participant’s understanding of the law.

 

Judges Anand Kumar Singh (Assistant Professor, National Law University Jodhpur, specialising in Competition Law), Rahul Satyan (Senior Partner, Competition and Antitrust team at AZB & Partners) and Toshit Chandilya (Associate, Competition Law team at Talwar Thakore & Associates) in Court Room 2.

 

Participants observing the arguments of their opponent team.

10.15 PM – Semi Finals concluded

After establishing their ‘dominant position’ in this relevant mooting market, the following two teams will battle it out in the Finale of the Tenth NLU Antitrust Law Moot Court Competition 2019:

  1. Symbiosis Law School, Pune.
  2. Gujarat National Law University.

The Memorials will be exchanged between the finalists soon. May the best market player win the battle.

Day 3 – Finals and Valedictory Ceremony

9.30 AM The audience and judges are seated in the auditorium and the Final rounds of the Tenth NLU Antitrust Moot Court Competition will begin shortly.

9.40 AM – The first speaker from the Applicant’s side, begins his speech. He is calm and is responding well to the judges, who waste no opportunity in grilling him on the law and facts. The bench is fairly active, and all the three judges are participating equally.

Dr. K.D.Singh (Joint Director (Law), Competition Commission of India) and Mr. Rahul Singh (Partner, Khaitan & Co.), having a look at the proposition.

 

Mr. Manas Kumar Chaudhuri (Partner, Khaitan & Co.) indulgent in the oral rounds during the Finals.

10.20 AM – Speaker 2 from the Applicant’s side has now taken over. She begins her submission by trying to prove that DOPE is not an enterprise, as per the statutory definition under Sections 2(h) read with Section 3(3) of the Competition Act, 2002. She relies on the lack of an economic function, to prove so. However, the judges seem unconvinced, and asks the counsel to clarify the origin of this requirement. Mr. Rahul Singh (Partner, Khaitan & Co.) questions the counsel on the intricacies involved while relying on Section 3(3) along with Section 2(h). The counsel further cites the Coordination Committee case, to prove her point.

Respondent’s gearing up for their turn.

10.35 AM – The judges inquire about the ratio of the LPG Gas Cylinder case, and its relevance to the current argument. With only 2 mins left on the clock, the counsel moves to her second issue, regarding cartelisation. She seeks an extension of time, which is granted. Towards the end of her submissions, one of the judges pose a question regarding the lack of any arguments on mitigation of penalty. The counsel confidently replies that her party is not in violation of any competition or antitrust rules, and thereby need not argue on penalty. This creates a good impression upon the judges.

10.46 AM – The first speaker from the Respondent side, takes the podium. He appears immensely composed, and requests 30 seconds to arrange his documents on the podium. His speech is structured and brief, and the judges seem to be nodding in appreciation. He begins his first submission, on the maintainability of Jeevan Pharma’s admission. Mr. Rahul Singh and Dr K.D Singh (Joint Director (Law), Competition Commission of India) question the counsel on the distinction between the ability of the bench to hear the petition, and their power to grant compensation. The Counsel calmly tries to clarify his position, with reliance on the facts and clarifications, citing the relevant paragraphs, perfectly.

The Appellants discussing their strategy during the Finals.

11.00 AM – The counsel then moves to his second submission, regarding Jeevan Pharma’s abuse of its dominant position, and lays down the three tests required to show the same. The judges don’t seem satisfied with increased reliance on foreign cases, in light of extensive Indian jurisprudence in the area, but the counsel responds adequately. He then seeks an extension, which is happily granted by the judges. As the counsel ends his submissions and thanks the bench, the panel of judges apologise for their repeated probe into every submission of his. This lightens the atmosphere. The judges appeared quite pleased with his set of submissions.

11.24 AM – Speaker 2 now arrives at the podium, to continue her fellow counsel’s submissions. She begins her submission by laying out a roadmap, upon the judges seeking a clarification. Her issues pertain to the ability of the DG and CCR to proceed against DOPE, and DOPE’s violation of Section 3(3). The rain of questions continue, as was the case for the previous speakers. The judges question the line of argument, that the cryptic order of DG can be used against anyone. The counsel tries to clarify her position and does not lose hope.

11.35 AM – The counsel moves to her second submission and focuses on the agreement between the manufacturers, as well as between the manufacturers and the DOPE. She informally quotes Lord Denning and then the statutory definition. There is a good level of engagement between the counsel and the judges. After this speech, the judges decide against rebuttals and surrebuttals, However, they give into the finalists’ request. Speaker 1 from the respondent gives a brilliant rebuttal which leaves the audience as well as the judges in awe.

11.40 AM – The rounds have been concluded, and the finalists wait for the results.

12.15 – Valedictory ceremony commenced

Vice Chancellor, Ms. Poonam Pradhan Saxena and the Dean, Dr. I.P. Massey, with other esteemed faculty members and the judges have taken their seats in the auditorium. Senior Member of the Moot Court Committee opened the ceremony with a heart warming speech and addressed the participants waiting eagerly for the results.

12.30 – Vice Chancellor felicitates the gathering
The Vice Chancellor thanked Khaitan & Co. for their valuable partnership in organising this year’s Competition. She further stressed upon the importance of Competition Law as an emerging field. She also encouraged the participants to take part in more moot court competitions, as it helps to further one’s advocacy skills and analytical abilities.

12.35 – Dr. K.D. Singh addressed the crowd and informed the audience about CCI’s endeavours and how CCI has been happy to host the moot in association with NLU Jodhpur, for the past 10 years, and expressed his desire to continue the same for the coming years.

12.37 – Vice Chancellor presents the token of appreciation to Dr. K.D. Singh

12.38 – Mr. Manas Kumar Chaudhuri (Partner, Khaitan & Co) thanked Ms. Poonam Saxena and shared his experience as a corporate lawyer and left a very interesting question for the participants sitting in the audience, whether they are administering “justice” by being the extended arm

12.40 – Declaration of results

Mr. Rohan C. Thomas, Faculty Advisor of the Moot Court Committee, announces the results :

Second Best Student Advocate Anshika Jain (Gujarat National Law University)

Best Student Advocate – Juhi Hirani (Institute of Law, Nirma University) and Darshan H. Patankar (Gujarat National Law University)

Best Researcher – Eesha H. Sheth (SVKM’S NMIMS Kirit P Mehta School of Law)

Best Memorial – Faculty of Law, Jamia Millia Islamia.

Best Student Advocate for the Finals – Darshan H. Patankar (GNLU)

RUNNERS UP TEAM – Symbiosis Law School, Pune.

WINNING TEAM – Gujarat National Law University.

Winning Team of the Tenth NLU Antitrust Law Moot Court Competition – Gujarat National Law University

 

Runners Up Team of Tenth NLU Antitrust Law Moot Court Competition – Symbiosis Law School, Pune

12.45 – Closing Speech by the Co-Convener of the Moot Court Committee
Ms. Mansi Srivastava (Co-Convener, Moot Court Committee) shared her experience of being part of the organising committee for the past five years and how it feels surreal to be a part of it for one last time. She thanked the administration, the support staff, the volunteers and all the other Moot Court Committee Members for their support and contribution. She specially thanked Ms. Abhilasha Gupta and Ms. Subarna Saha (Advisors, Moot Court Committee) and Mr. Rahul Mantri (Co-Convener, Moot Court Committee) for being her pillars of strength throughout the competition and providing all the answers when she herself couldn’t find them. Lastly, she thanked Khaitan & Co. for their partnership and the Knowledge partner, SCC Online and Eastern Book Company (EBC) for providing the students with access to SCC Online that helped them in the preparation for their rounds.

 

12.48 – Certificate of participation given out to the participants.

The Tenth NLU Antitrust Law Moot Court Competition has thus been concluded.

Call For PapersLaw School News

The Indian Competition Law Review (“ICLR”) is the flagship annual journal of the Centre for Competition Law & Policy (“CCLP”), published under the aegis of National Law University Jodhpur, India. ICLR strives to provide a platform for discussion of international as well as national developments in the field of competition law and achieve scholarly excellence with the aid of an eminent advisory board and an institution known for its academic excellence. ICLR is pleased to announce its upcoming issue, Volume IV, which is to be published in March-April, 2019.

Theme 

The theme for this year’s Issue is “A Decade of Competition Enforcement in India: Vignettes & Vicissitudes”.

Nature of Submission:

Each Issue contains:

  1. Articles, which analyze topics pertaining to the theme from major national jurisdictions as well as topics of permanent interest and contemporary international issues on competition law and policy (5,000-8,000 words including footnotes)
  2. Short Notes, which analyze an issue pertaining to the theme or cover topical recent developments in competition law(2,000- 5,000 words including footnotes.
  3. Case Comments on recent or landmark cases, suggesting a change in policy or interpretation, related to competition law(1,500- 2,000 words including footnotes.

Submission Guidelines:

  1. Submissions are required to be in Garamond font and double-spaced with the font size as 12 and footnote font size as 10.
  2. Only footnotes shall be used in the submission.
  3. Manuscripts must necessarily be related to aspects of competition law and policy.
  4. The manuscript must be preceded by an abstract of not more than 200 words.
  5. The manuscript must be in conformity with the Bluebook: A Uniform System of Citation (20th Edition).
  6. The manuscript may be co-authored by a maximum of two authors.
  7. The manuscript must not contain any mention or reference to the author’s name, affiliation or credentials. Such information must be restricted to a separate cover page which must contain a brief biographical description of the author and co-author (if any) and include the author’s/ co-author’s name, affiliation, qualifications, and contact details.
  8. The manuscript must be submitted in a Microsoft Word (.doc/.docx) format only.
  9. The manuscript must be emailed to the Editor-in-Chief at the address mentioned above.
  10. The manuscript must be an original unpublished work. The author must also confirm that the manuscript is not being considered for publication elsewhere.
  11. If necessary, ICLR may request the author to provide a printed copy of the manuscript, in addition to the electronic copy.

Submission Procedure:

Manuscripts may be submitted via email to the Editor-in-Chief at cclp@nlujodhpur.ac.in with the subject as “Submission-[Name of Author] – Volume IV”.

The document name must be in the following format “[Name of Authors(s)]-[Title of submission].”

Submission Deadline:

The deadline for submission of manuscripts is February 28th, 2019.

For further details regarding ICLR, contributor guidelines, and editorial policy, Click HERE

Law School NewsOthers

It gives us immense pleasure to open the 5th edition of National Law University – Jodhpur’s biennial fest: NH – 65 (One for the Road), to be held from 4th to 7th October, 2018.
NH – 65 is a Literary and Cultural fest for the rest of the world, but for everyone part of it, it is more than that. For everyone here at NLU – J, it is a time when we are swept over with one emotion. It is the NH feeling. So we invite you to surrender to this one epochal feeling and stand united as one with us, under the starry blanket that is the Jodhpur Sky.
To keep everyone riding on the highest of waves the fest will have a wide array of events, parties and stellar performances. To get your body grooving we have the musical talents of The Local Train and DJ Basspatch. Rahul Dua will be on the mic to tickle your bones.
The venue is the National Law University, Jodhpur, Rajasthan. So mark your calendars and maps for a trip to the heart of the desert and the trip of a lifetime.
Check out the NH – 65 social media accounts by following the given links-
Hurry, registrations close on 10th September, 2018.
To register or for any other queries, DM us either on the Facebook page or on the following contacts:
Ashlesha Mittal, Member, Core Committee : +91-9876012534
Abhilasha Gupta, Functional Head, Registration : +91-9694249112
Subbalaxmi Suresh, Functional Head, Registration : +91-7792905618
Call For PapersLaw School News

About the Conference: The Centre for Corporate Governance [hereinafter “CCG”] alongside the Journal on Corporate Law and Governance [hereinafter “JCLG”] of National Law University Jodhpur is organizing a National Conference on Corporate Law and Governance [hereinafter “Conference”]. This Conference will be organized from 15th September, 2018 to 16th September, 2018 in collaboration with the National Foundation for Corporate Governance, a division of the Ministry of Corporate Affairs (MCA).

The Conference seeks to analyze and understand the nature of the current state of affairs of Corporate Governance in India. Further, it is an extended effort to provide a national and international forum for debate on the comparative, analytical aspects and issues surrounding Corporate Governance in India.

Structure of the Conference: The Conference shall feature panel discussions and speeches by eminent practitioners, academicians, policy makers and business executives in corporate law. Each panel discussion will be followed by an interactive session with the participants of the conference. In addition to this, paper presentations will also be held at the Conference.

Theme: The main theme of the Conference is ‘The Changing Regime in Indian Corporate Governance’.

Sub-Themes:

1. Resolving cross-border insolvency.

2. Loopholes in the auditing process in the wake of the aftermath of the Satyam Fiasco.

3. Implications of the Kotak Committee Report on Corporate Governance in India.

4. Resolution of Stressed assets: Is RBI taking the right steps to address the ever increasing problem of stressed assets in India?

5. Effect of the Insolvency & Bankruptcy Code: Resolution over Liquidation & working of the Insolvency & Bankruptcy Code and emerging trends.

6. Role of Corporate Governance in addressing the issue of growing Non Performing Assets.

7. Emerging trends in Mergers & Acquisitions in India.

8. Analysing the Insider Trading Regulations, 2015 in light of SEBI expanding the scope of “connected persons”.

The above areas of law and sub-themes are indicative in nature. The participants are free to choose an inter-disciplinary topic involving one or more of the above areas of law or sub-themes, provided that it fits within the broad theme of the Conference.

Important Dates

* Deadline for Registration (for both, participants as well as paper presenters): August 17, 2018.

* Deadline for Submission of papers: August 26, 2018.

Eligibility: The Centre invites academicians, practitioners and students of law pursuing their LL.B. (Hons.)/ LL.B./ LL.M. from any recognized university to register as a participant or to submit research papers for paper presentations to be held at the conference.

Guidelines for Registration (for both, participants as well as paper presenters)

* Any eligible academician, practitioner and student of law can register to be a participant of the conference.

* Interested participants are requested to send a fully filled Registration form to journal.governance@gmail.com with the subject as “[Name of the Applicant] –Registration for Conference.”

* The University will provide accommodation to every participant of the Conference.

Guidelines for Paper Presentations

Apart from participation in the Conference, we also welcome submissions from students, academicians, researchers and legal practitioners on any of the themes mentioned above.

* The Conference shall have paper presentations (including articles, notes and comments) that shall be selected after a blind review procedure to be conducted by the Editorial Board of the JCLG.

* The presenters will present their papers before a panel of experts who shall adjudge the paper presentations.

* The participants may adopt any suitable means for presenting the papers including audio-visual aids, PowerPoint presentations etc.

* Authors whose papers are selected for presentation in the Conference shall be required to pay an amount of INR 1000 for single author entries and INR 1500 for co-authored entries. [Also refer to the section “Registration Fee and Details” below for further details]

* The University will provide accommodation to all the authors who are selected to present their papers at the Conference.

Submission Guidelines: Please note that the submissions must conform to the following requirements:

* Authors are requested to send an electronic version of their manuscripts in .doc or .docx format to journal.governance@gmail.com with the subject as “Submission- [Name of Author] – Submission for Conference.”

* The acceptable length of Articles is between 5000-8000 words, and of Notes and Comments is between 3000-5000 words, including footnotes.

* All submissions must include an abstract of not more than 300 words, explaining the main idea, objective of the article and the conclusions drawn from it.

* The Article should be in Garamond, font size 13, 1.5 line Spacing and 1 inch margins on each side. Footnotes should be in font size 10 and with single line spacing.

* The authors should conform to the Harvard Bluebook (20th edition) system of citation. The relevant sources should be duly acknowledged through footnotes.

* Authors should provide their contact details, designation and institutional affiliation only in the covering letter for the submission. The authors are to refrain from mentioning their details in the submission itself considering the evaluation of the submission is subject to a blind review. Each submission may have up to two authors.

* The submission must be the original work of the authors. Any form of plagiarism will lead to direct rejection.

* Authors of the shortlisted submissions will be intimated regarding the review process.

* The decision of the Editorial Board in this regard shall be final.

Awards

* All participants will be issued a Certificate of Participation by the Centre for Corporate Governance, NLU Jodhpur.

* The paper presenters at the Conference will be issued a Certificate of Participation and a Certificate of Presentation of Research Paper by the Centre for Corporate Governance, NLU Jodhpur.

* Three best research papers will stand a chance of getting their research paper published in the upcoming issue of the Journal on Corporate Law and Governance subject to editorial review of the Editorial Board.

* The three best presenters will also be awarded exciting cash prices. Details will follow soon.

Registration Fee and Details: The registration fee, including the accommodation, is as follows:

Students:

* For Paper Presenters (whose papers are selected): INR 1000 (single author entries) and INR 1500 (co-authored entries)

* For Participants: INR 1200 per head

Professionals:

* For Paper Presenters (whose papers are selected): INR 1000 (single author entries) and INR 1500 (co-authored entries)

* For Participants: INR 2400 per head

The registration fee may be deposited through online fee deposit link (only) available on the National Law University- Jodhpur website. The following is the link to the website- http://www.nlujodhpur.ac.in/index-main.php. For the ‘Payment Category’ option, click on ‘Other Payments’ and then proceed further. It is mandatory for all participants to mention “NLUJ-NFCG Conference on Corporate Law and Governance’ as ‘Purpose of Payment’.

All participants (including both, delegates as well as paper presenters) are directed to send the .pdf file of the receipt upon payment to journal.governance@gmail.com along with the completed registration form.

Contact Information

1. Adithyan Sreekumar, Editor-in-Chief, JCLG: +91-7073856161 | adithyan15@gmail.com

2. Anushka Kadiresan, Senior Content Editor, JCLG: +91-9602509059 | anushka.kadiresan@gmail.com

3. Nupur Sharon Nag, Managing Editor, JCLG: +91-9928036354 | nupurnag28@gmail.com

Important Links

Guidelines: Click here

Facebook Page: Click here

Registration Form: Click here

Conference/Seminars/LecturesLaw School News

The Centre for Advanced Research and Training in Arbitration Law (CARTAL) at National Law University, Jodhpur (India) undertakes study and research in the theory and practice of arbitration through the organisation of workshops, guest lectures and conferences. CARTAL is organising the third edition of the annual international arbitration Conference on the theme “Winds of Change: Securing Harmony in Arbitral Practice” at the National Law University, Jodhpur on 29-30 September, 2018. The conference is institutionally supported by ICC, HKIAC, AFIA, MCIA, CiArb, AAA, ICDR, AIAC, VIAC, UNCCI, Bar Association of India, and Society of Indian Law Firms.
The report of the second edition of the Conference held in 2017 can be found here.

Participation: Participation in the third edition of the Conference is open to students of the second, third, fourth and fifth year of the five-year undergraduate law degree and second and final year of the three-year law degree.

Registration Fee: Early bird registration fee of Rs. 1250 per participant is applicable for candidates registering till July 31, 2018. Following this, registration fee of Rs. 1750 will be applicable per participant. This fee covers participants’ accommodation and meals for the duration of the Conference.
On successful participation, students will be provided with a participation certificate. All interested students must pre-register here.
The deadline to register is August 31, 2018.
Upon preliminary registration, the organizers, subject to availability of seats, shall share the complete registration details and modalities of payment of the registration fee.

Contact: Please feel free to contact our Registration Heads: Ananya Bajpai at 9953291964 or Charulatha Jagadish at 8971252295 or email us at editor.cartal@gmail.com in case of any queries.

Call For PapersLaw School News

About: The Comparative Constitutional Law and Administrative Law Quarterly is an open-access online journal initiated at National Law University, Jodhpur, aiming to foster debate on contemporary issues in comparative constitutional law and administrative law, with a comparative perspective. The first issue of CALQ was published in 2013.

Any debate on the constitutional and administrative law would typically involve aspects of law, politics as well as philosophy. It is this that makes this sphere of law so fascinating, along with the fact that it has the ability to influence the lives of people from all sections of society, in a way few others can. Thus, it is not altogether uncommon to find people who are not necessarily lawyers or policymakers debating a constitutional law topic over a newspaper and a cup of tea, sometimes without even realizing that they are doing so! Constitutions decide how our leaders must conduct themselves and how they can act in the discharge of their functions. Besides this, how much privacy we are entitled to in our daily lives, to what extent we can express what we want to, even who we can marry, are all at their core, constitutional law questions.

It is thus that our journal aims to provide a space where scholars, students as well as legal practitioners can share opinions on constitutional and administrative law themes. We also attempt to share discussions from countries that are not traditionally English speaking, in the English language, so that readers of the journal can benefit from diverse views.  This includes developing countries like our own, where there is a need to promote research and writing so as to be better represented in academic discourse. We are now accepting submissions for Volume 4, Issue 3.

General Guidelines: The Journal attempts to initiate and foster academic dialogue concerning the subject of Administrative Law and Constitutional Law keeping in mind a global perspective.
All submitted manuscripts shall be original. Any form of plagiarism would lead to immediate rejection of the submission.
Submitted manuscripts should not have been published previously.
Once a manuscript has been selected for publication or has been published in the Journal, the author(s) must seek permission from the Editorial Board before publishing it elsewhere.
Such permission may or may not be granted at the discretion of the Editorial Board.
The author(s) must inform the Editorial Board if the manuscript has also been submitted to another journal, website or forum. The Editorial Board must be notified immediately if an offer for publication from another journal, website or forum is accepted by the author(s).
Solicited submissions are guaranteed a right of publication in the Journal subject to quality and content review by the Editorial Board.
In relation to all disputes, the decision of the Editor-in-Chief shall be final.

Specific Guidelines
2.1. Author(s)
1. Each manuscript may have up to two authors.
2. In case of joint authorship, the author from whom a submission is solicited by the Editorial Board shall intimate the Board of the name, credentials and contact details of the intended co-author.

2.2. Citations and References
1. All relevant sources shall be duly acknowledged as footnotes.
2. The text and citation styles shall conform to the rules prescribed in The Bluebook: A Uniform System of Citation (20th Edition).

2.3. Manuscripts
1. Abstract: The manuscript must be accompanied with an abstract of not more than 350 words.
2. Word Limit: Please note that the word limit would be considered excluding the footnotes, except in cases where speaking footnotes are used.
Articles – Not exceeding 6000 (six thousand) words
Notes – Not exceeding 4000 (four thousand) words.
Case Comment – Not exceeding 3000 (three thousand) words.
3. Citations: Citations shall be made in consonance with The Bluebook: A Uniform System of Citation (20th Edition).
4. Formatting specifications: The manuscript must be in Times New Roman, Font Size 12 with 1.5 Line Spacing.
5. Language: The Journal shall follow British English. While authors are required to adhere to the prescribed word limits, departures from the same will be considered on a case-by-case basis.
6. Last date for submission: 11:59 p.m. on 5th September, 2018.

Submission Procedure
1. The Author/s are required to email the manuscript to editorcalq@gmail.com
2. The manuscript may be mailed in ‘.doc’ or ‘.docx’ format.
3. The subject of the mail must clearly mention, for e.g. ‘Submission for CALQ_Volume 4.3’.
4. The mail must be addressed to the ‘Board of Editors’ providing the name of the author/s with the name of the institution affiliated to and the contact details in the body of the mail.
5. A mail confirming the receipt of the manuscript and subsequently its acceptance for publication would be duly conveyed to the author/s through the email id used by the author/s for correspondence.
6. The Journal also accepts submissions on a rolling basis.

Editorial Policy
1. Authors shall be informed of the status of their manuscripts as it passes through each stage of review.
2. The Journal follows a comprehensive double-blind review procedure.
3. The Editorial Board retains complete discretion over the acceptance/rejection of manuscripts. Reasons for rejection will be provided by the Editorial Board if requested by the author(s).
4. The Journal reserves the right to request copies of any resources or authorities cited in the manuscript.

Copyright Notice
Upon offer of publication of a manuscript by the Journal, authors shall communicate to the Editorial Board their acceptance of the following terms and conditions:
1. The work shall become the property of the Journal.
2. Permission for subsequent publication and/or creating derivative works must be obtained from the Editorial Board.

Contact
All correspondence must be via e-mail, and should be addressed to the Managing Editor at editorcalq@gmail.com.
For more information visit www.calq.in

Law School NewsLive Blogging

Day 1: Underway- The Ninth NLU Antitrust Law Moot Court Competition

The Ninth NLU Antitrust Law Moot Court Competition has been inaugurated in the presence of Dean I.P. Massey.  The registrations and exchange of memorials between the teams was concluded while the Researchers were rallying forward with the Researcher’s Test!

The competition is now truly underway as post the Inaugural Ceremony and a great lunch the preliminary rounds are scheduled to start at 4:30 PM. This year’s Antitrust Moot is truly unique and stands out amongst all other Moots in the country with the introduction of the Octa-Final and the Reverse Octa-Final Rounds!

Inaugural ceremony

About the new Octa-Final Rounds

The top sixteen teams from the Preliminary Rounds will proceed to the Octa Final rounds and the Reverse Octa Final Rounds. These will be carried out on the basis of power matchups. We’ll leave it to our team head, Amrita, to explain how this makes the competition even better!

“Ever been to a moot where you lost in the prelims by a close margin to the winning team? Thought your prelims with the team should have gone on to be the finals? Felt that you lost because luck did not favour you? We understand that is quite disheartening after months of hard work.

Fear not. Luck is going to have a minimal role this year at Antitrust. We bring to you the octa-final and the reverse-octa final rounds where matches are made on merit and not luck. Bring only your hard-work and determination to win the trophy.

You don’t need those odds in your favour, you have got the rules in your favour!”

– Amrita Shivaprasad, Tabulation Team Head, Antitrust, 2018

18:45 PM: Preliminary rounds wrapped up.

The preliminary rounds have concluded. The reverse preliminary rounds will now begin shortly. The results of the preliminary and reverse-preliminary rounds are scheduled to be announced after dinner at 9:30 PM. The teams who are progressing to the Octa-Final rounds will then have an exchange of memorials with their matchups.

 

Day 2: Octa Final rounds and 3rd Antitrust Panel Discussion

9:30 AM: Octa Final Rounds

The participants progressing to the Octa Finals underwent their rounds at 9:30. In the 2nd set of rounds, i.e., the Reverse Octa Finals, the participants will face another set of power matches. The reverse Octa Finals shall begin shortly after the 3rd Antitrust Panel Discussion.

 

Participants in the Octa Finals Rounds
Judges grilling the participants

11:30 AM: Third NLU Jodhpur Panel Discussion on Antitrust Law

With the first set of Octa Final rounds over, preparations are in full swing for the reverse Octa Final Rounds. Meanwhile, participants attended the 3rd Antitrust Panel Discussion, 2018.

Participants attending the 3rd Antitrust Panel Discussion
The Panel

The topic for this year’s Discussion,   was ” Competition and Innovation: Is it time for a new approach?“. The changing facets of antitrust regulation, in light of the digital economy, were discussed. The panel consisted of the following persons.

Anand Kumar Singh

Anand Kumar Singh completed his LLM in corporate laws from the National Law University Jodhpur. He is currently an Assistant Professor at NLUJ, where he has such as Corporate Governance, and Constitutional Governance.

Anandh Venkataramani

Anandh Venkataramani is a 2011 graduate of Symbiosis Law School, Pune. Upon graduating, he worked in the litigation team of Lakshmikumaran & Sridharan for two years. He then pursued his masters from New York University School of Law, focusing on antitrust and litigation. He passed the New York Bar and worked with judges at the New York Supreme Court and the California Court of Appeal. He subsequently joined the Competition Team at Shardul Amarchand Mangaldas, where he worked on contentious cases in the agriculture and biotech; real estate; social media; mobile app-based communication and transport, and automotive industries. He is currently practicing in the courts in Delhi.

Indrajeet Sircar

Indrajeet Sircar, an Antitrust and International Trade lawyer, graduated from West Bengal National University of Juridical Sciences, Kolkata in 2013. Thereafter, he worked for two years as an Associate in the competition law practice at AZB & Partners where he regularly advice clients on a variety of contentious and non-contentious antitrust issues. He is currently a Consultant with the Disputes, Regulatory, Advocacy and Policy (DRAP) group at Cyril Amarchand Mangaldas.

Prateek Bhattacharya

Prateek Bhattacharya graduated from NLU Jodhpur in 2012 with a specialization in International Trade and Investment. He was thereafter awarded the Dr. Angela Merkel – Jawaharlal Nehru scholarship to pursue his LL.M. in Germany, and graduated from the Europa Institut, Saarland University . He then joined erstwhile Amarchand & Mangaldas & Suresh A Shroff & Co, and is currently a Senior Associate at Shardul Amarchand Mangaldas, New Delhi.

1:30 PM: The Reverse-Octa Final rounds are now slated to begin. The matchups with the university names shall be disclosed shortly thereafter.

6 PM: Results of Octa Final Rounds

The results of the Octa Final rounds are in! The teams progressing to the Quarter Final Rounds are as follows:

  1. DSNLU, Vishakhapatnam
  2. School of Law, Sastra University
  3. NLSIU, Bangalore
  4. RMLNLU, Lucknow
  5. Government Law College, Mumbai
  6. Campus Law Centre, Faculty of Law Delhi University
  7. HNLU, Raipur
  8. Symbiosis Law School, Pune

Best of luck to all the teams!

From the above 8 Teams, The following teams progressed to the Semi Final Rounds:

  1. School of Law, Sastra University
  2. NLSIU, Bangalore
  3. RMLNLU, Lucknow
  4. Government Law College, Mumbai

After a grueling Semi-Final Rounds, NLSIU and Sastra University were chosen to battle it out in the Final Rounds.

 

Day 3: Final Rounds and Valedictory Ceremony

Final Rounds

NLSIU Bangalore emerged victorious in the Final Round of the competition and took the crown of the winner of the 9th NLU Antitrust Law Moot Court Competition.

Final Rounds

Valedictory Ceremony

The award winners of the 9th NLU Antitrust Law Moot Court Competition were as follows:

Best researcher: Ms. Alfiya Vora, Symbiosis Law School, Pune

Best Memorial: Ram Manohar Lohia National Law University

Best Student Advocate: Mr. Vikas Muralidharan, School of Law, SASTRA University

Second Best Student Advocate: Mr. Surya Teja SS Nalla, School of Law, SASTRA University

Winners: National Law School of India University, Bengaluru

Runner-Up: School of Law, SASTRA University

Best Student Advocate of Finals: Mr. Apurv Jain, National Law School of India University, Bengaluru

Valedictory Ceremony

With that, the competition has come to a conclusion. We hope this was an enriching experience for all the participants! A heartfelt congratulations to all the award winners from all of us here at NLU Jodhpur.