It was noted by the court that the students admitted under this quota neither are NRIs nor have any proximity and even called is as a “misnomer”. The first reason does not hold water as the SC therein (para 120(i)) in its conclusion has dealt with the ILS officers specifically and there was nothing in the judgement to affirm what has been stated by the SC. The court observed that the NRIs Quota are “affront to meritorious candidates”, “reservation for elite class” and “unconstitutional”. Every law college has something to offer, and it would depend on what you take away from what a college or a university has to offer. Succession laws were guided by the religious scriptures or texts for devolution of proprietary rights of the two major religions namely Hinduism and Islam being practiced and professed by the population in those times. Further, he has contended that the order of detention was passed on 12.02.2020 whereas the grounds of detention was served on 16.02.2020 which indicates that the order of detention was passed without considering the materials on record. on the ground that the provision did not constitute a reasonable restriction on free speech and expression within the meaning of Article 19(2) of the Constitution. NLUO Law Journal; Human Rights Law Journal; Journal on the Rights of the Child ; NLUO Student Law Journal; ADR E-NEWSLETTER; Research Centres. and Anr. (c) The aforesaid order of detention was approved by the State Government on 20.02.2020 and subsequently based on the report of the Advisory Board, the same was confirmed on 06.04.2020 for a period of three months. deliberately malicious. There shall not be any conflict between the power of the Union and the State, while exercising the powers under Entry 66 List I by the Union and under Entry 25 List III by the States. However, the cause and effect formula takes us to the accessibility and seat allocation in these institutions. Gavai and Surya Kant held that there is no reason to refer the petitions pertaining to the constitutional challenge as regards to two Constitution Orders issued by the President of India in exercise of his powers under Article 370 of the Constitution of India, to a larger Bench. 2. 39528/2018 (DECIDED ON 31/08/2020). The conditions in furtherance of this guideline laid down – that these seats must be utilised by bona fide NRIs only and the merit must not be given a complete go-by. PRO BONO LEGAL WORK. This decision was overruled by a three-judge bench stating that, the daughter was entitled to be a share-holder after HSAA, 2005, irrespective of her father existing or not at the time of the amendment. NLU is not providing management quota officially but you can get direct admission in NLU in BBA LLB program under management/ NRI quota seats. There is no NRI quota in NEET exam but candidates can apply in NRI category if they are eligible. liberally. 2014 - 2020 © Nalsar University of Law. (CRL.) In essence, it is a brilliant, bold and blunt judgment. (Hons), B.A., LL.B. The obligation to pay is complete by tendering the amount under Section 31(1). That said, despite the nuanced take of the Calcutta High Court which could reduce the potential for abuse of the provision and its ability to gag free thought, speech and expression, the very need for the provision and the sentiments it seeks to protect from scrutiny require a larger conversation. The first list cut-off rank for this year in NLIU Bhopal in the general category was all India rank (AIR) 526 whereas for NRIs quota it was AIR 2543. Further, there would have to be a nexus between the detention order and the alleged offence in respect of which he was to be detained and in absence of a live link between the two, the detention order could not be defended.”, While slamming the shoddy approach of the detaining authority, the Bench did not refrain itself from observing in para 11 that, “The Detaining Authority did not apply its mind before passing the order of detention so as to take the present petitioner to be a dangerous person and that he has become a threat to the public order and on overall consideration of the facts and circumstances it does appear that the Detaining Authority has failed to strike a balance between the Constitutional and the legal obligation charged upon him before passing the detention order and the manner in which the power of detention has been exercised in this case. The NTC as per the direction of the SC in the case of Rojer Mathew v. South Indian Bank [(2020) 6 SCC 1], will comprise of (i) three serving judges of SC nominated by the CJI; (ii)two serving HC judges nominated by the CJI;(iii) two members to be nominated by the central government;(iv) two independent experts to be appointed by the government in consultation with the CJI. Thus, making them obligated under the Muslim Personal law (Muslim Law of Succession) where the parties are Muslims. This means ILS officers who were practising as advocates before their appointment as ILS officer can be eligible for appointment as judicial member. Intellectual Property & Business Law. The view taken by the Constitution Bench in the case of U.P. There are numerous reasons for this disparity, but what seems like an encouraging factor for the disparity is recognition of reserved seats in these institutions based on the high fee-paying capacity of the candidates. The Courts should, as far as possible, avoid disclosing the name of the prosecutrix in their orders to save further embarrassment to the victim of sex crime. Further, he contended that the people in the abovementioned regions are in a state of constant fear due to the continuous atrocious activities of this petitioner who is a dreaded criminal. True it is, the restriction does not relate to printing or publication of judgment by the High Court or the Supreme Court. Foreign Nationals/NRI/NRI Sponsored – 2020; The Uni Team. No less significant is what is then stated in para 13 that, “The Hon’ble Supreme Court in the case of Huidrom Konungjao Singh Vs. State of Manipur (2012) 7 SCC 181, held that three cumulative and additive nature of requirements are to be satisfied to pass the order of detention; they are: “Para 9. The same study of 2016 further concluded that in NLSIU, foreign nationals are the worst performers academically. Part 1 can be found here.] This is more so because establishment of these tribunals cannot provide an alternative path to the executive for asserting their control over judiciary, whose independence forms the part of the basic structure of the Constitution. The expression ‘deliberate and malicious” is indicative of the intention of the legislature. The offence must be intended deliberately and maliciously for the citizens of that class in India.”. This article puts an inescapable duty on all the authorities including the government for enforcing the decision of the court. It was held that the Medical Council of India which has been constituted under the provisions of the Indian Medical Council Act, 1956 is the creature of the statute in exercise of powers under Entry 66 List I and has no power to make any provision for reservation, more particularly, for in-service candidates by the concerned States, in exercise of powers under Entry 25 List III. Bequests are limited only till 1/3rd of the property. Most law schools in the country, like National Law School of India University, Bangalore; National Law University, Delhi and Nalsar University of Law, Hyderabad, have NRI quota. In Islam there is no distinction between movable and immovable property unlike Hindu law and no concept of coparcener is enjoyed. Reason for the class disparity in NLUs is not straight jacket rather a complex situation. A Constitution Bench of the Supreme Court comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. The intestate succession laws for Muslims are still uncodified making it ambiguous whereas for Hindus the laws are codified and governed by Hindu Succession Act. A Constitution Bench of the Supreme Court comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. It was held that any interpretation which would negate or become nugatory the other entry, is to be avoided and there must be a harmonious reading between the two entries. Call us at (+91) 9873841048 and get management quota admission in IIM Visakhapatnam. Further, “Socialism” in the Preamble of Indian Constitution in its true essence duty bounds the State from ceasing any such commercialisation, at least in the public institutions. This meant that adjudication by such appointees would not seem to be fair, even if it was fair. [Shubham Damani is a second year student at NALSAR University of Law, Hyderabad. NLU is not providing management quota officially but you can get direct admission in NLU in BBA LLB program under management/ NRI quota seats. Study: 15 NLUs make $10m+ per year from ‘unconstitutional’ NRI quota, who have lower CGPAs, with little trickle-down. • The status of hymen is irrelevant because the hymen can be torn due to several reasons such as cycling, riding or masturbation among other things. Sugarcane (Regulation of Supply and Purchase) Act, 1953 confers power upon the State Government to fix the remunerative/advised price at which sugarcane can be bought or sold which shall always be higher than the minimum price fixed by the Central Government. Q3 Can NRI/OCI candidate is eligible for 85 % Govt. There can certainly be no denying or disputing it! Considering the above submissions, we are of the view that this Court should not allow the petitioner detenue to be kept in custody on the basis of order of detention which is illegal, bad in law hence amounts to illegal custody of the petitioner detenue.”, Finally, it is then held in the last para 16 that, “In view of what is discussed hereinabove, this Writ Petition deserves to be allowed and accordingly it is allowed. SUGAR MILLS ASSOCIATION AND OTHERS V. STATE OF UTTAR PRADESH AND OTHERS, CIVIL APPEAL NO. NLSIU Bangalore earns annual revenues of over Rs 1 crore as fees paid by students admitted under its foreign national quota even though more than 80 per cent of those students were not even schooled outside India, revealed a study by Chirayu Jain published in Economic & Political Weekly (EPW) in December 2017.. NLSIU uses a mere 2.37 per cent of this … The detaining authorities should exercise the privileges sparingly and “in those cases only where there is full satisfaction”.”, While citing the relevant case laws, the Bench then aptly observes in para 9 that, “The Hon’ble Supreme Court in the case of Yumman Ongbi Lembi Liema Vs. State of Manipur 2012 (1) OLR (SC) 550, referring to the earlier decision of the Hon’ble Supreme Court in Haradhan Saha Vs. State of West Bengal (1975) 3 SCC 198, held that the extraordinary powers of detaining an individual in contravention of the provisions of Article 22(2) of the Constitution where the grounds of detention do not disclose any material which was before the detaining authority other than the fact that there is every likelihood of the detenu being released on bail in connection with the cases in respect of which he had been arrested to support the order of detention. Even in P A Inamdar, out of all the conditions laid down, the court emphasised upon that the merit must not be given a complete go-by. It must be both deliberate and malicious i.e. Registration fee to be paid along with Application* Rs. The District Magistrate has stated that there is every possibility that his release on bail will lead to the probabilities of his indulgence in more and more criminal activities. After all, it is possible that a true work of scholarship, authored without malice and based on facts collected from authentic sources, is objected to by a jaundiced and hyper-sensitive group of individuals because the work presents an uncomfortable, inconvenient and true facet of their faith. State Quota for the candidates in which NLU is located. (2011) 5 SCC 244, where the Supreme Court quashed the order of detention, while dealing with the issue held: “Para 8. The provisions of Section 2(1)(c)(iva), of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, adding “ex abundanti cautela”, ‘a multi-State co-operative bank’ is not ultra vires as well as the notification dated 28.1.2003 issued with respect to the co- operative banks registered under the State legislation. The detaining authority at the time of passing the order of detention as well as the State Government while confirming the same should take into consideration the nature of allegations and offences alleged in the grounds of detention to examine whether the same relates to ‘public order’ and the normal law cannot take care of such offences and that the acts of the detenu mentioned in the grounds of detention are prejudicial to maintenance of public order or they only relate to “law and order”. General 11 Scheduled Caste (15%) 02 Scheduled Tribe (7.5%) 01 Persons with Disability (3%) -- TOTAL SEATS 14 LL.M. The power to make new laws/regulations, is provided in Para 5(2), Fifth Schedule of the Constitution for the purpose mentioned therein, not under Para 5(1) of the Fifth Schedule to the Constitution of India. No denying or disputing it! Manorama year book 3. This decline merit is not only subject to CLAT examination but also during the course curriculum. NRI Sponsored quota applies to the candidate who is an Indian citizen and produces a sponsor letter from a person who is an NRI) Online application portal is closed. The pan India exam conducted in furtherance of this vision resulted in the induction of students who are serious towards the legal field. To apply offline for the vacant seats of CIWGC-SEA/PIO/FN categories in any program, Please email your admission query to firstname.lastname@example.org. Candidates with higher CLAT score would be placed higher in the merit list; alternately, those with lower scores will be placed lower in the merit list. The SC placed a caveat that they must be subjected to the same conditions as the advocates are subjected to, indicating that experience at the bar was the main force behind allowing for their appointment. This observation came few days after the judgement of Supreme Court which was also on the same lines calling NRI quota as “not sacrosanct” in Nilay Gupta v. Chairman Neet PG Medical and Dental Admission/Counselling Board (2020). However, the contention here is not to go into the factual details of Nilay Gupta’s case but to highlight the scepticism of the apex court. In this article, I intend to deal with two issues that were germane to the decision. A Constitution Bench of the Supreme Court comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Previously, the author had discussed a framework which would help impose liability on Artificial Intelligence in in various situations. No. If there is vaginal discharge, note its texture, colour, odour. Degree Course and One Year LL.M. The enactment was passed during the interregnum period, before the formulation of the Constitution of State of Jammu and Kashmir but after coming into force of the Constitution of India. The programme is not limited to the academy and aims to attract candidates pursuing different career paths be it industry, litigation, or judiciary. The Orissa High Court was on Tuesday "constrained" to observe that the Non-Resident Indian Sponsored (NRIS) quota in the NLUs is an "affront … The only exception is for Muslims solemnizing their marriage under Special marriage Act, 1954 are governed under Indian Succession Act, 1925. Jain, in his study (2018) provided statistics which proves how only a negligible percentage of the total fee collected from NRIs are used for subsiding education of students from the weaker background. Again, if there are any special or peculiar features necessitating the court to limit the tenure of anticipatory bail, it is open for it to do so. Further, no details have been given about the alleged similar cases in which bail was allegedly granted by the concerned Court. CHEBROLU LEELA PRASAD RAO AND OTHERS V. STATE OF A.P. One category has been provided with reservation as a form of compensation for a thousand years of exploitation and to provide them with adequate representation in the mainstream. The programme fosters intellectual potential and ignites insightful questioning, and encourages students to use their critical ability to passionately pursue their research inquires. Programme (NRI/FN Category) Revised GNLU … This judgement was delivered in the context of adjudicating whether Taslima Nasreen’s book “Dwikhandita” attracted Section 295A Extracted below are the relevant excerpts from the judgement: “Therefore, insult or attempt to insult the religion or religious belief when made with an intention, which must be deliberate or malicious, of outraging the religious feelings of a class of citizens of India, then only the provisions of Section 295A would be attracted. While meritocracy is not the sole criteria for the determination of the ability of any individual but it is unreasonable to provide a special set of candidates with a ship to reach the island of excellence (NLUs) while all the others are swimming through the ocean. The committee is a temporary arrangement as the government have been failing to abide by the previous directions of the SC for the establishment of an independent body handling the appointments. Also for each programme, there would be merit lists for open category and reserved categories (SC, ST, OBC, etc). NRI-Sponsored Candidates: Candidates must have passed the qualifying examination from the schools located in India (including Gujarat State) and must have appeared for JEE (Main)-2020 Entrance Examination. Such department appears as a litigating party and also provides administrative support to these tribunals. According to the learned counsel, the learned trial Court has disbelieved the statement of the prosecutrix on technicalities and for flimsy reasons.”, As a corollary, the Bench then puts forth in para 6 that, “Keeping in view the contentions raised by the learned AAG, a prima facie case for grant of leave to file appeal is made out. The co-operative banks run by the co-operative societies registered under the State legislation with respect to the aspects of incorporation, regulation and winding up, in particular, with respect to the matters which are outside the purview of Entry 45 of List I of the Seventh Schedule of the Constitution of India, are governed by the said legislation relatable to Entry 32 of List II of the Seventh Schedule of the Constitution of India. Click to view required document and paying the fees of Rs.-1000/-(Non-Refundable) through online by Click here expressing their interest for seeking admission in the NRI/NRIs sponsored category at NLU Jodhpur from 11th June, 2018 to 18th June, 2018 latest by 5:00 P.M. ENTRY OF INDIAN LEGAL SERVICES OFFICERS INTO THE JUDICIARY. The Bench held that in Prem Nath Kaul case, it was indicated that the Constituent Assembly’s decision under Article 370(2) was final. The Governor is empowered under Para 5(1), Fifth Schedule of the Constitution, to direct that any particular Act of Parliament or the Legislature of the State, shall not apply to a Scheduled Area or apply the same with exceptions and modifications. As per these Covenants, State is under an obligation to make such services available to survivors of sexual violence and that proper measure should be taken to ensure their safety and there should be no arbitrary or unlawful interference with their privacy.”, It is also worth noting that para 18 then states that, “On the basis of aforesaid Covenants, the Supreme Court in the case of Lillu and others v. State of Haryana, (2013) 14 SCC 643,came to the conclusion that “two finger test” and its interpretation violates the right of rape survivors to privacy, physical and mental integrity and dignity. Dear Student, NALSAR University of Law, Hyderabad only offers Masters and Post-Graduate Diploma Programmes through distance education. Interested candidates may apply online by Click with NRI/NRIs sponsored document. A judgement by the High Court of Orissa in Ishika Patnaik vs. National Law University Odisha and ors (2020) brought the requirement and validity of these seats in the contemporary debate. There is nothing in the ILS service rules which makes them eligible to argue before the court as the realm of argument lies in the hands of other officers like standing counsels, attorney general etc appointed specifically for this purpose (“The comeback of ILS to tribunals”, BQ). The lackadaisical approach in complying with the formation of NTC, calls the court time and again for deciding the validity of temporary arrangements. quota seats through state Quota counselling? The advent of Articles 323A and 323B into our Constitution through the 42nd amendment has successfully introduced tribunals into the justice delivery mechanism. Below are the eligibility criteria: 1. The SC by allowing them has overruled its own judgement rendered by a bench of five judges in the case of R. Gandhi v. Union of India [(2010) 11 SCC 1)]. Gentle retraction allows for inspection of the vaginal canal. A total number of seats offered is around 2175. of India has issued guidelines and protocols for health professionals for dealing with survivors of sexual violence. And the following NLUs also have NRI/NRI Sponsored seats: NLU Jodhpur has 15 seats NLU Raipur has 16 seats Gandhinagar NLU has 18 seats Punjab NLU has 5 seats RMNLU has 16 seats Chanakya NLU has 20 seats Odisha NLU has 10 seats Ranchi NLU has 18 seats DSNLU, Andhra Pradesh has 12 seats MNLU, Mumbai has 10 seats These are all for BA LLB. NLUs like many other educational institutions, reserves seats for Foreign Nationals/ non-resident Indians (NRIs)/ NRI-sponsored candidates. The Parliament has legislative competence under Entry 45 of List I of the Seventh Schedule of the Constitution of India to provide additional procedures for recovery under section 13 of the 159 Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with respect to co-operative banks. The arbitrariness in the selection process does lead to class disparity and failure of ideal objectives behind setting up of these institutions. 3/2000 providing for 100 per cent reservation is not permissible under the Constitution, the outer limit is 50 per cent as specified in Indra Sawhney case. In other words, it only punishes an “aggravated form of insult to religion when it is perpetrated with the deliberate and malicious intention of outraging the religious feelings of that class”. These institutions at the place of aligning to the conditions, work on whims and fancies. It was made after an amendment made after 2005 under Article 23 of the Constitution of India initiating the daughters’ equal claim in the partition of dwelling house. The examination and treatment as needed may have to be performed under general anaesthesia in case of minors and when injuries inflicted are severe. Since the inception of human civilization, women were webbed into a division of labor which assigned her domestic chores and their male counterparts were assigned physically demanding work, serving the foundation for patriarchy in the society. Whereas the other category relies on the class differentia and the ability to pay a higher fee than the regular candidate, which also signifies the privileges and abundance of resources. In Dharam Singh v. Aso, it was inferred that the daughters after getting married had no right to claim the father’s property. Fifteen years later a judgement by the High Court of Orissa in Ishika Patnaik vs. National Law University Odhisha and ors. High School English grammar and composition by Wren and Martin 2. The distribution of seats is done considering the following category of seats: While NLSIU, Bangalore, has a 5% quota for foreign students, NALSAR, Hyderabad, and Hidayatullah National Law University, Raipur, have reserved 10 seats (two foreign and eight NRI). Programme (NRI/FN Category) Revised GNLU CLAT Brochure 2020. A person who studied in Telangana for 4 years and appears in Qualifying examination from same state; Or 2. CLAT 2021 Seat Matrix. To delve into the constitutionality and irregularities related to these quotas it is paramount to understand the term NRIs and how it is applied in its true sense in the context of NLUs. If 1% Toluidine blue is available it is sprayed and excess is wiped out. Therefore, since the detention order passed on the allegation of involvement of the detenu in a number of criminal cases without disclosing any material in the report of the Superintendent of Police or materials available before the Detaining Authority that there is likelihood of breach of public order, the detention order cannot be sustained. In my respectful submission, the SC was not correct in including the experience at the bar as the only factor and equating them at par with advocates. Inheritance rights play a pivotal role in institutionalizing the very framework of family by controlling the family resources, affecting the futuristic opportunities of the coming generations. In recent times, these institutions are still far from the dream of Prof. Madhava Menon and are currently acting as an instrument of exclusion. The holy Quran is the source of Islam and a Muslim is a person believing in Islam considering that there is one God and Mohammed is his prophet. J. Sai Deepak is an Advocate practising as an arguing counsel before the Supreme Court of India and the High Court of Delhi. The author defended himself on the ground that the issue of the son’s paternity remained the subject of intense debates among scholars and historians without any conclusion being arrived at, and therefore, he was justified in relying on some of the debated versions for the purposes of his book. All the NLUs segregate the seats as per candidate’s category. CLAT Merit List 2020 - The Consortium of NLUs has released the merit list of CLAT 2020 on its official website;consortiumofnlus.ac.in. We have chosen to describe her as “victim” in the judgment.””, For the sake of clarity, the Bench then makes it clear in para 15 that, “The afore-noted judgments of the Supreme Court were noted with the approval by the Supreme Court in the case of Nipun Saxena v. Union of India and others (2019) 2 SCC 703and it was held that though, the bar imposed under Section 228A IPC did not in term apply to the printing or publication of judgments of the High Courts and the Supreme Court because of the explanation to the said provisions, yet keeping in view the social object of preventing the victims or ostracizing of victims, it would be appropriate that in judgments of all the Courts i.e.
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