Attalika … The advent of Articles 323A and 323B into our Constitution through the 42nd amendment has successfully introduced tribunals into the justice delivery mechanism. Law library. The decisions of the Apex court would have remained ineffective, if it were not for this article. The study demonstrates that in the year 2015, the overall average cumulative Grade Point Average (CGPA) was recorded to be 4.70 out of 7.00. Pearson general knowledge manual 2. INDORE DEVELOPMENT AUTHORITY V. MANOHAR LAL SHARMA, S.L.P. A total number of seats offered is around 2175. They’re some of the best in the country, ranked only after NLSIU, Bangalore and NALSAR, Hyderabad and perhaps NLU-D (debatably), none of which have NRI quotas at present. Out of total seats of 1350, in the 11 medical colleges, as many as 205 are reserved for NRI students in government and private medical colleges of Rajasthan. (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. Herein, I will also shed some light upon the evasive behaviour of the government in complying with the previous directions of the court for the establishment of an independent body which will ensure timely appointment to these tribunals. English is easy by Chetananand Singh Books for general knowledge preparation: 1. UCC has to free from the clutches of religious beliefs and thoughts only then equality can be achieved in real sense. It is pertinent to mention here that these guidelines stand adopted by the Government of Union Territory of J&K and are applicable to the health professionals of the Union Territory with full force.”, More damningly, the Bench is then at pains to note in para 21 that, “Inspite of all this, in the instant case, it appears that the prosecutrix, who was minor at the relevant time, has been subjected to two finger test, which must have violated her privacy, physical and mental integrity and dignity.”, More significantly, the Bench then underscores in para 22 that, “It is the need of the hour to implement the ban on “two finger test” on rape survivors with full force and in this regard a direction is required to be extended to all the health professionals of Union Territories of Jammu and Kashmir, and Ladakh, so that the judgment of the Supreme Court and guidelines and protocols issued by the Ministry of Health and Family Welfare, Govt. While elaborating on the facts of the case, the Bench then states in para 2 that, “Brief facts of the case are stated hereunder so as to appreciate the rival legal contentions urged on behalf of the parties: (a) The petitioner was under judicial custody in the District Headquarters Jail Balasore in connection to P.S. Previously, the author had discussed a framework which would help impose liability on Artificial Intelligence in in various situations. 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. The Muslim Personal Act (herein after called as MPA) does not apply to Muslims whose marriage is solemnized under the Special Marriage Act, 1954 which is a secular territorial act. The improved quality of her evidence would assist the courts in arriving at the truth and sifting truth from falsehood. This basic feature has to be crystallised and preserved in reality by the formation of NTC, which will have the sole duty of selecting, supervising and removing the appointees to ensure that the tribunals are occupied with man of integrity and good character. "The NALSAR University has been violating the law by not implementing the legally mandatory quota for students belonging to Backward Classes," … The Governor can make a provision within the parameters of amendment/modification of the Act of Parliament or State legislature. Admission to the NRI seats may be made on the basis of the marks in the qualifying examination. NLSIU Bangalore earns annual revenues of over Rs 1 crore as fees paid by students admitted under its foreign national quota even though more … 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). 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. Eligibility for NALSAR Hyderabad BA LLB (Hons.) NRI quotas in NLUs are unconstitutional: Study. 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. In fact, the District Magistrate has relied on a list of 20 cases provided by the Superintendent of Police while ordering for detention. NRI Rank (students who had applied under NRI Quota) NRI Sponsored Rank (for the students who had applied under NRI Sponsored Quota) CLAT College-wise Ranks . 10,000/- for Indian Nationals US $ 1000 for (Hons.) 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 view of COVID-19 and Pandemic conditions, the eligible candidates have to … Affidavit Format. Hello, Here are the best book for CLAT preparation: For English language preparation: 1. Section 24 applies to a proceeding pending on the date of enforcement of the 2013 Act i.e. The SC by allowing ILS officer to be appointed as judicial members have diluted the judicial independence and have opened the path for the executive to assert their control over such judicial members. 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)]. The deserving as well as qualified non-resident Indian candidates need to apply through CLAT-2012 for the seats advertised in CLAT-2012 Brochure by NLU, Jodhpur for NRI or NRI Sponsored category. These universities function majorly on the revenue generated budget, where the fee paid by students are utilised for the payment of salaries to the teachers, administrative staff and ground staff. NRI Sponsored:-Copy of Valid Indian Passport of the Sponsor; Copy of Visas obtained in the last 12 months by the Sponsor; Certificate from the local embassy stating that the Sponsor … 17 … However, it is necessary for them to clear NEET. Study: 15 NLUs make $10m+ per year from ‘unconstitutional’ NRI quota, who have lower CGPAs, with little trickle-down. In the year 2018-19, Increasing Diversity by Increasing Access (IDIA) published its report on the diversity of legal education by taking the sample space of five leading NLUs. In the Elusive Island of Excellence (report of 2016) by Advocate Chirayu Jain and other students from NLSIU, which is an extensive study of NLSIU. Admission of the candidates will be done on the basis of a preference-cum-merit i.e.. The study also recommended that the high-cost NRI-sponsored seats should be abolished, though seats allocated to students from abroad, particularly to economically developing countries: Furthermore, a few NLUs have provided for „NRI-Sponsored‟ seats. Tribunals have taken to itself certain matters that previously vested with the lower courts and in appeal with the High Courts (“HC”). What cannot be also overlooked is then stated in para 19 that, “Apart from the above, Ministry of Health and Family Welfare, Govt. The SC here failed to appreciate the fact that in the decision of R. Gandhi, the court’s emphasis was also on judicial independence and appointments of civil servants will adversely impact it and by this logic they barred the ILS officers. Sign up to receive latest updates about university. Instruction to fill-up online application (NRI) Instruction to fill-up online application (NRI-Sponsored) Admission Rule – 2020. Number of seats available under State Quota are B.A., LL.B. 3609 OF 2002 (DECIDED ON 22/04/2020). In pari materia to the aforesaid provision is Section 228A of the J&K Ranbir Penal Code, which was applicable to the case at hand at the relevant time.”, Significantly, the Bench then makes it clear in para 12 that, “Although, prohibition contained in Section 228A may not strictly apply to the judgment of a Court, yet the Courts must avoid disclosing the name(s) of prosecutrix in their orders and judgments, so as to avoid embarrassment and humiliation to a victim of rape. If there is vaginal discharge, note its texture, colour, odour. Programme (NRI/FN Category) Revised GNLU CLAT Brochure 2020. This two-part post was the winning entry in the Ab Initio Essay Writing Competition hosted by the NALSAR Student Law Review. A simple comparison between the meritocracies of caste-based reservation and NRI quota doesn’t come from the realm of rationality. For instance, National Law Institute University, Bhopal (NLIU) has reserved 17 seats for NRI/NRI-sponsored candidates, whereas National Law School of India University (NLSIU), Bengaluru and National Academy of Legal Studies and Research (NALSAR), Hyderabad have five and twenty-four seats respectively reserved for Foreign Nationals. For instance, National Law Institute University, Bhopal (NLIU) has reserved 17 seats for NRI/NRI-sponsored candidates, whereas National Law School of India University (NLSIU), Bengaluru and National Academy of Legal Studies and Research (NALSAR), Hyderabad have five and twenty-four seats respectively reserved for Foreign Nationals. The Law Resource Center is the hub of all library activities and aims at fulfilling the research and academic objectives of the university. However, according to the Petitioner, since likelihood of public disorder did not constitute a necessary ingredient of Section 295A, the provision could not be supported as one intended to preserve public order and therefore, ran afoul of Article 19(2). Madhava Menon, a visionary educationist and a renowned jurist. Candidates must secure 45% marks (40% for SC/ST) in 10+2 or equivalent. The SC’s driving force behind their appointment was their experience at the bar as practising advocates. The duty to appoint the chairperson/members of the tribunals vested with the search sum selection committee (“committee”). An intact hymen does not rule out sexual violence, and a torn hymen does not prove previous sexual intercourse. 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. Course is similar to that of CLAT UG exam. Imran Khan in SLA No. It was contended on behalf of the Petitioner that in order for Section 295A to pass muster on the anvils of Article 19(2), the only limb of the Article that could be relied upon was “in the interests of… public order”. The statistics provide that the highest utilisation of the NRIs fund to subsidise fee for students from the weaker background is done by MNLU, Mumbai, which is 7.55%. The statement of the prosecutrix under Section 164-A Cr.P.C. The technical members possess the technical know-how of the specified field and are appointed from the executive wing while the judicial members ensure fairness in the decision making. This meant that adjudication by such appointees would not seem to be fair, even if it was fair. According to him education is not quid pro quo and must be “cheapened”, with cheapened Ambedkar meant that the funding must come from the State rather than dependence on the fees. In Dharam Singh v. Aso, it was inferred that the daughters after getting married had no right to claim the father’s property. While this clarification might seem like a safeguard against abuse of the provision, it is unclear from the judgement whether the airing of even a genuinely held opinion, based on facts and scholarship, which is indifferent to the religious sentiments of a community, would attract Section 295A. While it is easy to analyse and compare the merit of in these institutes for NRIs/NRI-sponsored category, it becomes almost the discretion of institute such as NALSAR which rather provides direct admissions for foreign national category without CLAT. 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 Muslim widow is deprived of her inheritance rights if the marriage remains unconsummated. Would such a work be allowed to be published and read freely since there is no discernible deliberate malice in the author’s intentions? Section 295A of the Indian Penal Code 1860 is commonly known as the “Blasphemy” provision. The International Covenants on Economic, Social and Cultural Rights, 1966, United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, 1985 provide that rape survivors are entitled to medical procedures conducted in a manner that respects their right to consent. Click here to join our channel (@thedailyguardian) and stay updated with the latest headlines. However, at the same time, it is always open for the State Government to fix the “advised price” which is always higher than the “minimum price”, in view of the relevant provisions of the Sugarcane (Control) Order, 1966, which has been issued in exercise of powers under Section 16 of the U.P. 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. Under Graduate (UG) Programs. 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. 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. The judgement in Rojer Mathew has termed independence of these tribunals as a basic feature of the Indian Constitution. After publication of CLAT-2020 result, CLAT-2020 Office will publish the merit list of NRI / NRIs sponsored … The Governor’s power under Para 5(1) of the Fifth Schedule to the Constitution is subject to some restrictions, which have to be observed by the Parliament or the legislature of the State while making law and cannot override the fundamental rights guaranteed under Part III of the Constitution. The Bench also held that the life or duration of an anticipatory bail order does not end normally at the time and stage when the accused is summoned by the court, or when charges are framed, but can continue till the end of the trial. 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. Thus, “two finger test” has been declared as unconstitutional.”. 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 Supreme Court may have had valid reasons for coming to the said conclusion in the facts of the case, but its reasoning does not address with clarity the question of applicability of Section 295A to the work of artists, story tellers and historians given the varying degrees of liberty with facts that are available to them. Moreover, the cases relied upon by the detaining authority are cases affecting individuals and none of them in any manner affects the tempo of life. This brings us to the sorry state of affairs for women who are treated like second class citizens of India. These exceptions were so exhaustive in nature that it excluded all the native Indians from its purview. If in case no NRI or NRI sponsored … The Bench also held that a contrary decision of the Supreme Court in the case of Mohan Lal v. State of Punjab, (2018) 17 SCC 627 and any other decision taking a contrary view that the informant cannot be the investigator and in such a case the accused is entitled to acquittal are not good law and they are specifically overruled. NALSAR University of Law, Hyderabad was established in 1998 under the National Academy of Legal Studies and Research University Act of the Andhra Pradesh State Legislature. Similar to the admission to NRI seats done in 2017, the admissions in 2018 will be made on the basis of NEET-UG 2018 merit ranks of eligible NRI aspirants who have applied online at … NRI/NRI SPONSORED QUOTA: NRI is an Indian citizen but not resident of India. 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. ... NRI Sponsored/NRI. However, the Supreme Court critically clarified that the provision did not penalize any and every act of insult to or attempt to insult the religion or the religious beliefs of a class of citizens, but penalized only those acts of insults to or those varieties of attempts to insult the religion or the religious beliefs of a class of citizens, which were committed with the deliberate and malicious intention of outraging the religious feelings of that class. On 15.12.2014, the prosecutrix was recovered from the custody of the respondent/accused. This report was further quoted by Justice Dr D.Y. NRI / Wards of NRI / NRI Sponsored category: Rank list; Waiting list; BVSc & AH. The statistics only affirms the findings of the Chief Justice. Law of inheritance: Property of male person dying intestate under personal laws, National Tribunal Commission: A disregarded constitutional necessity. About. For instance, National Law Institute University, Bhopal (NLIU) has reserved 17 seats for NRI/NRI-sponsored candidates, whereas National Law School of India University (NLSIU), Bengaluru and National Academy of Legal Studies and Research (NALSAR), Hyderabad have five and twenty-four seats respectively reserved for Foreign Nationals. Preference of the University opted and merit achieved by them in CLAT 2012. NRI quota in MBBS is the reserved seats for Non Resident Indian students in medical colleges. Latest Acquisitions. NLUs like many other educational institutions, reserves seats for Foreign Nationals/ non-resident Indians (NRIs)/ NRI-sponsored candidates. 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”. The expression ‘deliberate and malicious” is indicative of the intention of the legislature. While interpreting the provisions this Court has pointed out in a number of cases that this Court rigidly insist that preventive detention procedure should be fair and strictly observed. Dear Student, NALSAR University of Law, Hyderabad only offers Masters and Post-Graduate Diploma Programmes through distance education. Tribunals are forums for seeking specialised justice and are expected to be as fair and as independent as any other court. The outrage to religious feelings or insult to religion or religious belief if made unwittingly or carelessly or without any deliberate and malicious intention, then the same would not come within the purview of Section 295A IPC. All Rights Reserved. There is no scope of debate that there vests a large gap between the ranks of general category and NRIs. 7508 OF 2005 (DECIDED ON 22/04/2020). The conjunction ‘and’ conjoins both. The co-operative banks under the State legislation and multi-State co-operative banks are ‘banks’ under section 2(1)(c) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. There is no NRI quota in NEET exam but candidates can apply in NRI category if they are eligible. Therefore, Courts have to act responsibly and with sensitivity while dealing with the cases of rape, particularly, while referring to the prosecutrix.”. 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). 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. Its origin story, while dark, is extremely interesting from a civilizational perspective since it sheds light on the larger undercurrents that have been animating the civilizational discourse for centuries now in this part of the world, which I will unpack in future pieces. Micro injuries will stand out in blue. Intellectual Property & Business Law. To start with, Justice Sanjay Dhar who authored this latest, learned, landmark and laudable judgment sets the ball rolling by first and foremost stating in para 1 that, “The State has sought leave to file appeal against the judgment dated 29.11.2017 passed by the learned Principal Sessions Judge, Bhaderwah (hereinafter referred to as “the trial Court”) in File No.07/Sessions Challan titled State v. Mohd. Amidst dearth of funds and hassle to provide quality legal education, the fee differential between a regular student and an NRI student act as an allurement for the NLUs. The power of the Governor under Para 5(1), Fifth Schedule to the Constitution does not extend to subordinate legislation, it is with respect to an Act enacted in the sovereign function by the Parliament or legislature of the State which can be dealt with. It has therefore very rightly quashed the detention order by the state government while giving reasons for the same as stated above. quota seats through state Quota counselling? The Constitution Bench in Prem Nath Kaul case did not discuss the continuation or cessation of the operation of Article 370 of the Constitution after the dissolution of the Constituent Assembly of the State. Moreover, the departments occupied by the executive appears before such tribunals as a litigating party and their role in appointment would jeopardise public trust and faith in these institutions. 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. NRI rank (if candidate belongs to NRI category) Preparation of merit list using CLAT score 2020. “NLUO Student Shines at 1st Indore Institute of Law International Drafting and Negotiation Competition”. According to Jain, universities including both NLSIU and … CLAT 2021 Seat Matrix. It adds up to around 20 lakhs for the 5 years. Case No.319 dated 17.10.2019 held under Section 395 of IPC and Sections 25 and 27 of the Arms Act. A Constitution Bench of the Supreme Court comprising Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. 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. The Bench held that the occupied filed of Union legislation in exercise of power under Entry 66, List I is related to minimum standards of medical education and the State is providing the in-service quota without impinging the prescribed minimum standards and it is a settled proposition of law that in case of two entries overlapping, the interpretation must be in furtherance of achieving the ultimate object. 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. However, he was found guilty under Section 295A by the High Court of Allahabad for publishing an article “with the deliberate and malicious intention of outraging the religious feelings of Muslims”. Imran Khan, whereby the respondent herein has been acquitted of the charge for offence under Section 376 RPC.”, While stating the prosecution case, the Bench then discloses in para 2 that, “Briefly stated, the case of the prosecution is that on 13.12.2014, the prosecturix went missing and in this regard a complaint was lodged before the police by the maternal grandfather of the prosecutirx. Nalsar Library - New Books List View More. The Indian Institute of Management (IIM) Visakhapatnam was founded in 2015 by the ministry of HRD, Government of India. 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. If it is made knowingly, but with an intention not deliberate nor malicious, but with an intention oriented by clinching or revitalizing or striking a blow for the well-being of the society or for emancipation of the women, which is necessary for the mankind, in that event, such outraging of religious feelings or insult to religion or religious belief, though may be intentional but cannot be termed deliberate and malicious even if it is not made unwittingly or carelessly. 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