Vol. I, No. 1, April-June 2012

INSIDE EDITORIAL It gives us immense pleasure to launch the maiden issue of the quarterly Newsletter of BHU Law School. The BHU Law School is one of A Tribute to Mahamana the top ranking institutions of this country and has always been in the Congratulatory Messages and fore-front of legal education reform. In pursuit of its noble tradition to Greetings introduce innovations in legal education this Newsletter is being published on the 150th Birth Anniversary of Mahamana Pt. Madan Mohan Law School: At a Glance Malaviya, a great visionary and the founder of Banaras Hindu University and the former Dean, Faculty of Law (1921 – 1923). The Newsletter comprises Academic Courses Academic Activities, Faculty News, Legislative Trends, International Legal News and Recent Activities at the Law School Judicial Decisions. Forthcoming Activities It is a great time for students to be a part of the higher education system more so if one Faculty Updates is a part of institution like Law School, BHU. It would not be out of context to mention that Legislative Trends the various Bills pertaining to higher education pending before the Parliament have the International Legal News and potential to change the entire way in which our Universities have to function. The Ministry Events of Human Resource Development's new initiative to reform higher education has met with stiff resistance from certain quarters. Recently, the lawyers across the country have decided Recent Judicial Decisions to launch a nation-wide protest opposing the inclusion of legal education within the ambit Memoir of the Higher Education and Research Bill 2011 which awaits its passage in the Parliament. This calls for a serious debate over the issue of the governance of legal education in the Editorial Committee country. Editor in Chief As an effort to engage in a meaningful debate over a variety of legal issues and also to Professor B.C.Nirmal enhance our interaction with the outside world we are publishing this Newsletter. It is Head and Dean intended to bridge the gap not only between academicians on the one hand, and the Managing Editor lawyers, Judges on the other but also between experts and non- experts communities. This Dr. Ajendra Srivastava Newsletter is a small and humble attempt to draw the attention of the outside world to Executive Editors sincere and honest efforts of our faculty engaged in promoting research and learning. Our Dr. Rajnish Kumar Singh endeavor is in consonance with the vision statement of our School which states: “The Shri Raju Majhi Banaras Law School should be a pioneer institution of legal education in India with an Members excellent team of teachers and a selected students body, stressing individual attention and Dr. C. P. Upadhyay extensive as well as intensive study and thereby carrying further the all important task of Dr. D. K. Mishra educational renaissance in the country in a manner befitting the monumental efforts of the Dr. G. P. Sahoo founder of the University, Mahamana Madan Mohan Malaviya ji”- Prof. Anand Jee. Dr. V. K. Pathak We hope that the series of quarterly Newsletters shall prove to be a useful information Dr. V. P. Singh resource for the legal fraternity and all those who fight for justice. We are extremely grateful to Hon'ble Dr. B.S. Chauhan, Judge, and an illustrious alumnus of Banaras Law School, our worth Vice Chancellor Padmashri Dr. Lalji Singh, Dr. EMS Natchiappan, Member of Parliament and President Indian Society of International Law, Published by Professor SP Subedi, Professor of International law, School of Law, University of Leeds, U.K. LAW SCHOOL and other legal luminaries who have graced this issue of the Newsletter by their messages Banaras Hindu University and greetings for the success of this new and innovative academic venture. We would very Varanasi – 221005, India much like to acknowledge the significant contributions made by our colleagues in preparing email: [email protected] this Newsletter. The research support provided by our old students Mr. Abhishek Kumar Telefax : +91-542-2369018 Pandey and Ms Priya Vijay is acknowledged and commended. Suggestions for improvement http://www.bhu.ac.in/lawfaculty in the Newsletter will be highly appreciated. B. C. Nirmal A TRIBUTE TO MAHAMANA / CONGRATULATORY MESSAGES AND GREETINGS A Tribute to Mahamana Pt. Madan Mohan Malaviya Ji, Founder of the University and the Former Dean, Law School On the 150th Birth Anniversary of our revered founder Mahamana Pt. Madan Mohan Malaviya Ji we, at the Law School, BHU rededicate ourselves to the service of this Nation. In the same context, it is a pleasure to introduce this inaugural issue of the BHU Law School Newsletter as our most recent effort directed towards providing a common forum to academicians, lawyers, Judges and all those who share a common interest in fostering and promoting respect for law. It is my earnest hope and prayer that this centre of life and light which is coming into existence, will produce students who will not only be intellectually equal to the best of their fellow students in other parts of the world, but will also live a noble life, love their country and be loyal to the Supreme ruler. Pt. Madan Mohan Malaviya Ji's message on the founding of Banaras Hindu University. CONGRATULATORY MESSAGES AND GREETINGS

Dr. B. S. Chauhan 3, Janpath Judge New Delhi-110011 Supreme Court of India Tel. : 23012708

Dear Dr. Nirmal 18.7.2012

I am extremely elated to learn that my alma mater, Law School, BHU is I am glad to learn that the Law School, Banaras Hindu University is bringing going to bring out the maiden issue of its Newsletter. It is good to know that Banaras Law out its Newsletter. This newsletter comprises the information about faculty activities School has been able to maintain its great place in the process of reform in legal and latest legislative and judicial trends which may be helpful for the readers in getting education. With my own personal experience at Law School, I may say that it is the most an idea about the Law School and its activities. This will also provide a forum for debates prominent seat of learning of law in India. I am hopeful that the present academic on contemporary issues of legal importance and enhance the academic visibility of the endeavour of bringing out quarterly Newsletter shall provide an excellent academic School. forum for debates on critical issues of legal importance. It will certainly increase the I extend my good wishes on this occasion and compliment the editorial academic visibility of Banaras Law School. board of “BHU Law School Newsletter” for bringing out such an informative newsletter. I, being an alumnus of Banaras Law School, sincerely wish that the present Newsletter be a great success.

With regards, Yours sincerely, (Dr. B.S. Chauhan).

RESIDENCE : M-113, Saket, New Delhi - 1017 The Indian Society of International Law Phone : 29561311, 29562047 V. K. Krishna Menon Bhawan e-mail: [email protected] 24th July, 2012 9, Bhagwan Dass Road, New Delhi - 110001 CHAMBER : No. 102, New Lawyers Chambers Dr. E. M. Sudarsana Natchiappan Supream Court, Bhagwandas Road, Member of Parliament (Rajya Sabha) New. Delhi - 110 001 Sanjay Parikh President (ISIL) Phone : 23070023 Mob.: 9891496748 Advocate, Supream Court 09868181909 Dear Prof. Dr B. C. Nirmal Ji, Dear, Dr. B. C. Nirmal, Greetings from New Delhi. It gives me an immense pleasure to congratulate you on launching the quarterly It is a very appreciable work for releasing quarterly newsletter starting from BHU Law School Newsletter. There is a real dearth of such informative newsletters in our the 150 th Birth Anniversary of Pandit Madan Mohan Malaviya Ji. country. In the present era, a law school cannot confine itself to what is contained in the law This Newsletter is an Excellent media for updating the knowledge of every books. It is necessary that the teachers of law as well as the students acquaint reader through the contribution of eminent personalities including students. In the 21st themselves with the recent developments in domestic and international law. century the growth of International Law is very fast and ever developing field. Any It is very heartening to know that the position which you are occupying was earlier individual or Institution or society get the latest knowledge in this world then they will be held by towering personalities like Mahamana Pt. Madan Mohan Malaviya, Sir Ras very much benefitted and linked with the ever changing environment. The same logic Behari Ghosh and Sir Tej Bahadur Sapru. But it is a position of great responsibilities. The will apply in domestic law development too. publication of quarterly BHU Law School Newsletter shows the sincerity with which you I wish you all success in this venture . wish to carry on your responsibilities. Thanking you, Again wishing you all the success in your endeavour, I am awe, under your able Yours sincerely , guidance, the BHU Law School will further enhance its pre-eminent position. With kind regards Dr E M Sudarsana Natchiappan SANJAY PARIKH School of Law Legal luminaries who graced this issue of the Newsletter by Greetings and Best wishes

University of Leeds

Professor Surya P Subedi, OBE School of Law Prof. V.S.Mani, Director, School of Law and Governance of Jaipur University of Leeds MA, LLM, Dphil (Oxford) Leeds LS2 9JT Professor of International Law Fax 0113 343 5056 Telephone 0113 343 5033/4 Direct line 0113 343 4616 National University and former Professor of International Space E-maol: [email protected] Dear Professor and Dean Nirmal, Law, JNU, New Delhi I was delighted to learn that the Faculty of Law at Banaras Hindu University was going to publish the BHU Law School Newsletter on a quarterly basis. It gives me a great pleasure to write to congratulate you and your colleagues on this new and timely initiative and to wish you and the Newsletter every success. I had an opportunity to visit Banaras when I was young and was very much impressed by BHU. I had a dream of obtaining a degree Prof. (Mrs.) S. K. Verma, Director, Indian Society of International from BHU myself but that opportunity never came up and it remains an unfilled dream to this day. Yours is a highly reputable law school both nationally and internationally. Law and former Director, Indian Law Institute, New Delhi BHU Law School has made great strides in advancing legal education since its establishment and this Newsletter will add another important chapter to its endeavour to inform its students, alumni, friends, lawyers, scholars and the general members of the public about academic activities, legislative trends, judicial decisions and international legal news. What the Newsletter aims to achieve seems to be consistent with the old traditions of your law school of introducing innovation in the teaching of law and research. This publication would also enable you to inform a wider group of scholars both within Asia and beyond of your Prof. S. Siva Kumar, Director Incharge, Indian Law Institute, activities and to interact with them to enhance and maintain the stature of your law school and to enhance the quality of legal education that is provided by your law school. New Delhi I very much look forward to reading the inaugural and subsequent issues of your Newsletter. Please count on my full support to your activities.

Professor Dr. Surya P. Subedi, O.B.E.; D.Phil (Oxford); Barrister (Middle Temple); Dr. Cliff Manjiao, Deputy Secretary General, Administrative Court, UN Special Rapporteur for Human Rights in Cambodia; Editor, Asian Journal of International Law (Cambridge University Press); Xiamen Academy of International Law and Associate Professor of Vice-President, Asian Society of International Law; Professor of International Law; School of Law, the Liberty Building, University of Leeds, Leeds LS2 9JT, UK. International Law, Law School, Xiamen University, China BANARAS HINDU UNIVERSITY/LAW SCHOOL : AT A GLANCE Pandit Madan Mohan Malaviya created history in Indian education with this institution Visitor - the first of its kind in the country. He served as the Dean of the Law School of the University from 1921 – 1923. He preferred Banaras as the site, because of the centuries old tradition of learning, BANARAS HINDU UNIVERSITY wisdom and spirituality inherent to the place. His vision was to blend the best of Indian Banaras Hindu University is an education called from the ancient centres of His Excellency internationally reputed temple of learning, Shri Pranab Mukherjee, learning - Takshashila and Nalanda and other situated in the holy city of Varanasi. This Hon'ble President of India hallowed institutions, with the best tradition of creative and innovative university was modern Universities of the West. founded by the great nationalist leader, Pandit Malaviya Ji passed away in 1946. But his Madan Mohan Malaviya ji, in 1916 with spirit is still alive and there are many who bear Chancellor cooperation of great personalities like Dr. the torch that he lit. Many more stand ready to Annie Besant, who viewed it as the University shoulder the mantle of his responsibility. of India. Banaras Hindu University was The country is celebrating 150th Birth established under the Parliamentary Anniversary of Mahamana. Government of legislation, the Banaras Hindu University Act, India has constituted a National Committee for 1915. It played a stellar role in the th independence movement and has developed Commemoration of 150 Birth Anniversary of into the greatest centre of learning in India. Mahamana with as its Dr.Karan Singh, Visionary Indian Chairman. Statesman and Member of The University comprises 4 Institutes, 14 Parliament (Rajya Sabh) Faculties, 124 Departments, 4 Inter- disciplinary Centres, a Constituent College for Women and 3 Constituent Schools, spanning a vast range of subjects pertaining to all Vice Chancellor branches of Humanities, Social Science, Technology, Medicine, Science, Fine arts and Performing arts. It has 6 centers of Advanced Studies, 10 Departments under Special Assistance Programme and a large number of specialized Research Centres. Four Degree

Colleges of the city are affiliated to the Padmashri Dr. Lalji Singh. University. Bharat Kala Bhavan, the reputed LAW SCHOOL: AT A GLANCE museum of the university, is a treasure trove of rare collections. The 927 bed hospital of the The Law School is one of the oldest University is equipped with all the modern Faculties established in Banaras Hindu Registrar amenities. University. Teaching started in the faculty as Mahamana Pt. Madan Mohan Malaviya, the early as 1921-22 academic session. The legal Revered Founder of the University luminaries like Sir Ras Behari Ghosh and Sir Tej Born in an educated Hindu family at Prayag Bahadur Sapru, were the earlier Deans. (Allahabad) in 1861, Pt. Madan Mohan The foundation stone of the building was laid down by the then Prime Minister of India, Malaviya came to be recognized as an th outstanding and noble son of India. His Shri Lal Bahadur Shastri on 28 December, Prof. V.K.Kumra multifaceted personality made him a great 1964. patriot, an educationist with a vision, a social The Law School building consists of five reformer, an ardent journalist, reluctant but distinct wings, viz, the Academic Wing, well effective lawyer, a successful parliamentarian furnished chambers of faculty members with a Dean and an outstanding statesman. Faculty Lounge at the one end and a Lecture Among Malaviyaji's many achievements, the Theater at the other; the Administrative Wing most monumental was the establishment of to assist the central administration of the the Banaras Hindu University (Kashi Hindu University; the Classes and Seminar Rooms Vishwavidyalaya). In the course of his lifetime Wings along with a Moot Court Hall; the Banaras Hindu University came to be known as Library Wing, the library has the largest carpet a Capital of Knowledge acknowledged across area in the country and is well equipped with India and the World. modern tools and facilities; and the Residential Prof. B. C. Nirmal ACADEMIC COURSES / ACTIVITY OF LAW SCHOOL

and Refreshment Wing, two hostels for Placement Activities 2012 boys, a big canteen and an Auditorium- As part of the placement Last date of Teaching: November 24, both having capacity of 1000 persons. activities students are given training on 2012 The structure is similar as that of Harvard employability and soft skill. The Commencement of Examination: Law School. placement cell also arranged for on December 01, 2012 The Law School is a pioneer campus recruitments during March - Last date of completion of Examination: institution in introducing full time three- April 2012. Various students made it to December 24, 2012 year LL.B degree course and a two-year the list of selected candidates. full time LL.M. course. It has also taken a Publications of Law School ACTIVITIES AT THE LAW SCHOOL lead in introducing community oriented Banaras Law Journal (ISSN 0522- courses of law including the Law and 0815), vol. 39, Jan. 2010 - Dec. 2010. 1. Annual Convocation (Degree Environment, Country and Town Planning BHU Law School Newsletter, Distribution) Law, Law and Poverty, and the Animal vol.1, No.1 (April - June) , 2012. Laws. Journal on Environmental and The Law school publishes a highly Intellectual Property Rights Law reputed Law journal (The Banaras Law (Proposed). Journal). To promote skill of advocacy, Moot ACADEMIC COURSES Courts are the regular feature at Law School. 1.Degree Courses & Seats: Law School The Banaras Law School was one of offers three degree courses and PhD the Six Law Faculties in India to start programme as follows: The 94th Convocation of the University th CLINICAL LEGAL SERVICES. The model LL.B. Three-year (6 was organized on 17 March, 2012. Smt. developed by Law School has been Semesters) Course: 504 Meira Kumar (Speaker, Lok Sabha) was judged as the best model by Hon'ble Mr. seats. the Chief Guest. A degree distribution Justice P. N. Bhagwati, former Chief LL.M. Two-year (4 ceremony was organized in the Faculty th Justice of India. Semesters) Course: 51 as part of the Convocation on 16 March, There are three boys hostels seats; the Law School offers 20 2012. Six Scholars were awarded Ph.D. with all the facilities including internet specialisation groups for LL.M. students degree, 42 students were awarded LL.M. facility and computer labs for the LL.B., including Crime and Criminology. The Degree, 16 students got LL.M. (HRDE) LL.M. and Ph.D. students. The hostels specialization in Criminal Law and degree and 242 students got LL.B. accommodate about 500 students. Girl Criminology has been very much popular degree. Law College Old Boys Medal was students are accommodated in the with students. The successful teaching awarded to Km. Ruchi Srivastava for University controlled Triveni Complex. and research in the field of Criminal Law standing first at the LL.B. Examination Law School Library and Criminology is supervised by Prof. M. 2011. Thakur Singh Gold Total number of Books: 73447 P. Singh one of the distinguished scholar Medal was awarded to Km. Vijay Laxmi Number of Books Added since April of Criminal Law and former Head and Singh for securing highest marks with 2012: 531 Dean of the Faculty of Law. first division in the LL.M. (final) Online legal Database: Law School L L . M . ( H R D E ) Tw o - y e a r ( 4 Examination 2011. R.C.Mazumdar Gold library subscribes Westlaw India and Semesters) Course: 17 seats Medal was awarded to Km. Payal Singh Manupatra. It has access to 120 Ph.D. Programme for securing highest marks in the subject online journals through the UGC – Infonet Law and Women in LL.B. Examination Digital Library Consortium. 2. Diploma Courses 2011. Devendra Nath Dwivedi Memorial Journals: The library receives 28 Law School offers 1 year (2 Gold Medal was awarded to Km. Ruchi Foreign and 54 Indian Journals/Reports Semesters) P.G.Diploma Srivastava for securing highest marks in annually. courses in Intellectual LL.B. (final) Exam.2011, B.H.U. Medals There are 3 computer labs with P r o p e r t y R i g h t s a n d were awarded to Km. Ruchi Srivastava, internet facility on 45 computers for LL.B., Environmental Law. These Shri Ajitesh Singh and Km.Vijay Laxmi LL.M. and Ph.D. students. courses are very popular with students Singh for standing first at the LL.B., LL.M The Library provides lending and are job oriented. The courses have (HRDE) and LL.M. Examinations 2011 services, reading room facilities, proved to be a very good value addition respectively. B.H.U. Prize of Rs.500 was reference services, student book loan for the students. Prof. B.N.Pandey is the awarded to Kavita Kumari for securing facility, book bank facility for SC/ST Coordinator of these diploma courses. highest marks in LL.B. final year (V & VI students, photocopy facility, computer 3. Academic Calendar Sem.) Examination 2011. and Internet search facility and access to Admission: July 14 – 31, 2012 Online legal databases. Commencement of Classes: July 12 –26, FORTHCOMING ACTIVITIES / FACULTY UPDATES

2.Lecture By Hon'ble Mr. Justice Human Rights Cell, Banaras Hindu Competition. Markandey Katju University: At a glance International Conference as part of Hon'ble Justice Markandey Katju, Human Rights Cell was created by the celebrations of the 150th Birth addressed the students of Law School, Banaras Hindu University on the Anniversary of the founder of the suggestion and inspiration of the University - Mahamana Pt. Madan National Human Rights Commission. Mohan Malviya Ji. With the Head & Dean of the Law School Interdisciplinary Dialogue Series on as its ex-officio Chairman, the Advisory Biodiversity Conservation – from Rio to Committee of the Cell consists of one Nagoya, scheduled to be held on August Coordinator and senior faculty 31, 2012; Implementation of RTE Act – members of the University appointed by Problems and Challenges, scheduled to the Vice- Chancellor. The Cell became be held on August 11, 2012; Regulation of BHU on 22nd March 2012. In the jam functional in 1994 with some ad hoc the Media in India – Legal and Policy packed Swatantrata Bhawan of BHU financial, secretarial and logistic support Issues, scheduled to be held on August Justice Katju explained his concept of from the University. Its main object is to 1 8 , 2 0 1 2 ; a n d T h e N a t i o n a l “Four People's Principles”. He pointed promote, coordinate and monitor the Commission/Committee on Human towards the problems faced by us in study and research in human rights in Resource in Health Bill 2012. transition period. He interacted with the concerned departments of the Commencement of B.A. LL.B. Five- the students and answered their University, to undertake research, y e a r s D e g r e e C o u r s e ( u n d e r questions on ancient Indian system and survey and studies on the problems consideration) the possibility of revisiting ancient relating to human rights, and to Launching of a new Journal on practices. He also spoke about the promote human rights literacy in the Environmental & Intellectual Property social responsibility of the media. The University campus in particular and the Rights Law. lecture was attended by the students community in general. It is located at and the teachers of the Faculty. and operates from the Law School. FACULTY UPDATES 3. Intra Law School Moot Court Recently the Human Rights Cell Competition 2012 conducted II Human Rights Training 1. Prof. B.C.Nirmal, Law School, BHU Programme sponsored by National was elected Vice President of Indian Human Rights Commission, New Delhi in Society of International Law for 3 years th the Law School on 4 March, 2012. The (2012-2015). He was also appointed Programme was inaugurated by Prof. Head & Dean of the Faculty of Law, R.K.Misra (Former Vice-Chancellor, DDU Banaras Hindu University for 3 years University, Gorakhpur). The programme (2012-2015).He Presented a paper was divided into four technical sessions “Responsibility to Protect: Political on Meaning and Concept of Human Doctrine or Legal Norms with Special The Intra Law School Moot Court Rights, Woman and Human Rights, Reference to Libya and Syria”, in the ISIL st Competition was organized on 1 April Rights of the Child, and Human Rights of Eighth International Conference on 2012. Various teams comprising of the Older Persons. 287 students attended E m e r g i n g C o n c e r n s i n P u b l i c students of the Law School participated the training programme. International Law, New Delhi on 24th in the competition. The competition February 2012. He also delivered a consisted of three rounds. The Final FORTHCOMING ACTIVITIES Keynote address on “Prohibition of round was judged by Sh. O.P.Kejriwal Torture and Enforced Disappearances”, in (former member, Central Information Inauguration of Chanakya Hostel by the ISIL Eighth International Conference Commission) and Dr. R.K.Murali Hon'ble Vice Chancellor Padmashri Dr. on Emerging Concerns in Public rd (Associate Professor, Law School, BHU). Lalji Singh on 23 July 2012. International Law, New Delhi on 25th Team of Anupam Dwivedi, Sumit Special Lecture by Hon’ble Vice February 2012. He chaired a session on Kapoor, and Yogendra Singh was Chancellor Padmeshri Dr. Lalji Singh on Piracy in International law at Annual rd adjudged winner and Mansi Mantoo “Science in Witness Box” on 23 July Conference of ISIL, New Delhi on 15th April was adjudged the best student 2012 at Faculty of Law. 2012. He delivered a lecture on advocate. The team of Mansi Mantoo, One week Induction Programme for “Responsibility to Protect under th Uma Mishra and Digvijay Singh got best LL.B. I Semester students, from 26 July International Law” at Indian Law st memorial award and Jagadamba Gupta to 01 August, 2012. Institute, New Delhi on 27th April, was adjudged the best researcher of Inauguration of the Moot Court Hall 2012.Prof. Nirmal also delivered a special the competition. of the Law School. lecture at National Seminar on Human Mahamana Pt. Madan Mohan Rights and Education, Department of Malviya National Moot Court Education, M.G.K.Vidyapeeth, Varanasi, 19-20 February, 2012. He delivered a academique Annual, Vol VI, 2011-12, Methods and Data Analysis using SPSS”, special lecture on“Parliamentary pp17-26 nd organized by DST Center, BHU from 2 Democracy and Role of Civil Society”, at 6. Dr D.K.Srivastava, Associate June 2012 – 15th June 2012. a National Seminar, Department of Professor, Law School, BHU published an Social Work, M.G.K. Vidyapeeth, 30-31 article titled “Rights of Daisabled Persons 10. Dr. G.P.Sahoo, Assistant Professor, March 2012. He also presided over the under the Persons with Disabilities Act- Law School, BHU was awarded Ph.D. on Valedictory Session of the Orientation An Overview” in Universitas, an “Legal Control of Cyber Crime: Indian Programme organized by BHU academique Annual, Vol VI, 2011-12, Perspective” in the Convocation of th Academic Staff College on 11 June pp1-10. He Participated in the UGC Banaras Hindu University on 5th March, 2012. sponsored short term course on 2012. He also attended International 2. Prof. D. P. Verma, Law School, BHU, Excellence in Higher Education from Seminar organized by the Centre for a renowned scholar of International February 23 -28, 2012 conducted by UGC Law and Human Rights was the Dean of Academic Staff College, Banaras Hindu Study of Social Exclusion and Inclusion, the Law School, BHU for 3 years (2009- University, Varanasi. He also participated Faculty of Social Science, BHU and 2 0 1 2 ) a n d d i s c h a r g e d h i s in the Intellectual Property Rights delivered a lecture on “A New Paradigm r e s p o n s i b i l i t i e s w i t h u t m o s t Workshop held in Swatantrata Bhawan, from Paper Based Society to Paperless th commitment and dedication and has Banaras Hindu University on 26 April, Society: Changing Dimensions of Social put in tireless efforts in his relentless 2012. He was the course coordinator of Development”,on 30th – 31st March campaign to establish the Law School as the First Refresher Course in Human 2012. He also attended an National one of the premier institutions of India. R i g h t s a n d Va l u e E d u c a t i o n Conference organized by Faculty of He stepped down from the office of the (Interdisciplinary) held at UGC-Academic Deanship after the successful Staff College, Banaras Hindu University, Commerce, BHU and delivered a completion of his tenure and Prof. Varanasi from February 01 to 21, 2012. lecture on “Cyber Crime: Growing B.C.Nirmal has taken over the 7. Dr. Sibaram Tripathy, Associate Challenges for e- Banking System in responsibilities of Deanship from him Professor, Law School, BHU participated India”, on April 14 – 15, 2012. nd on 22 May 2012. in a two day UGC sponsored national 11. Dr. V.K.Saroj, Assistant 3. Dr. Akhilendra Kumar Pandey, seminar titled “Role of Socio-legal Professor, Law School, BHU was Measures and Competitional Health Associate Professor, Law School, BHU awarded Ph.D. on “Limitations of presented a paper on “Freedom of Problem of Women Workers in International Humanitarian Law during Expression, Invasion of Belief and the Unorganized Sector of Unemployment Law: Indo- Canadian Perspective”, in in India” held on 23-24 June, 2012 in International Armed Conflict: the International Seminar on Kendrapara Law College, Kendrapara C h a l l e n ge s a n d P ro s p e c t s ” i n Understanding Minorities in India and (affiliated to Utkal University, Convocation of the Banaras Hindu Canada, organized by Canadian Studies Bhubneshwar and presented a paper University on 5th March, 2012. Development Programme, BHU, titled” Health Insurance and Rights of 12. Sh. Raju Majhi, Assistant February 25 – 26, 2012. He was also a Women Working under Unorganized Professor, Law School, BHU completed resource person in the 12th Refresher Sector”. He also contributed an article his thesis on “Tribal Laws and their Refresher Course in Women's Studies, titled “Protection of Traditional Implementation: A Case Study of UGC – Academic Staff College BHU on Kn o w l e d ge : A n O ve r v i ew ” i n June 13, 2012 and delivered a lecture on Universitas, an academique Annual, Vol Chhotanagpur” under the supervision “Changing Dimensions of Concept of VI, 2011-12, pp 11-16. of Prof. B.C.Nirmal and submitted to Justice”. 8. Dr. R.K.Murali, Associate Professor, Banaras Hindu University for award of 4. Dr. C.P.Upadhyay, Associate law School, BHU delivered a lecture on degree. He also delivered a lecture on Professor, Law School, BHU presented a “Patent Litigation in India” in the “Patent Process in India” in the paper on “Status of Religious Minorities: Workshop on Intellectual Property Workshop on Intellectual Property A Comparative Study of India and Rights” organized by the IPR Cell of BHU Rights” organized by the IPR Cell of BHU Canada”, in the International Seminar th on 26th April 2012. on Understanding Minorities in India on 26 April 2012. He also delivered a and Canada, organized by Canadian lecture on “Patent Law in India” in the 13. Dr. V.K.Pathak, Assistant Studies Development Programme, BHU, Orientation Course of UGC Academic Professor, Law School, BHU attended February 25 – 26, 2012. Staff College, BHU conducted from 15th a n I ntern at io n a l Sem in a r o n 5. Dr. Ajendra Srivastava, Associate May to 11th June 2012. “Consumer Protection and Behaviour Professor, Law School, BHU published 9. Dr.Bibha Tripathi, Reader, Law in Present Privatized Era”, organized by an article titled “International Law School, BHU attended a Faculty S.S.College, Shahjahanpur (U.P.) in Crimes and Protection of Human Rights: collaboration with Higginbottom A Brief Overview” in Universitas, an Development Programme on “Research Institute of Agriculture, Allahabad and inserted a new section 6 in the Act “c o m m e r c i a l r e n t a l ”, “ R i g h t regarding the “Registration of Management Information” and “visual Planning Commission of India on 25, 26 marriages”. Now the State Government recording”. This new Amended Act has Feb. 2012. He also participated in the for the purposes of facilitation of proof also made certain changes in the Intellectual Property Rights Workshop of marriage ceremony (commonly definitions of the term “author”, held in Swatantrata Bhawan, Banaras known as Anand Karaj) customary “communication to the public”, Hindu University on 26th April, 2012 and among the Sikhs, keep the marriage “infringing copy”, “performer” and in the 61 s t Orientation Course register for the registration of marriages, “work of joint authorship”. Moral conducted by UGC Academic Staff by notification in the Official Gazette, in Rights of performer have been dealt College, BHU, from 15th May to 11th June this behalf. under newly inserted sections 38A and 2. THE NATIONAL INSTITUTES OF 38B in this Amending Act. The present 2012. TECHNOLOGY (AMENDMENT) ACT, 2012 Amendment Act has widened the 14. Dr. D. K. Mishra, Associate [Act No. 28 of 2012] was enacted to scope of “fair use” doctrine in the Professor, delivered a lecture on amend the National Institutes of context of cinematograph film and “Human Rights and Value Education: An Technology Act, 2007. The new sound recording through amendment Indian Approach” in the First Refresher Amendment Act has brought some in the section 52(a) , 52(b) and section Course in “Human Rights and Value considerable changes in the principal Act 52(C) of the principal Act. To handle the Education” on 14th February, 2012 (the National Institutes of Technology increasing digital piracy some new Act, 2007). The new Act has amended provisions have been inserted. organized by the Academic Staff the long title of principal Act, for the Sections 65 A and 65 B deal with the College, BHU words “certain institutions of criminal offences relating to 15. Dr. Ajay Kumar Singh delivered technology”, the words “certain Technological Protection Measures a lecture on “Statutory Protection to institutions of technology, science and RMI (Right Management the Retail Business in India” in the education and research” has been Information). Institute of Agricultural Sciences, BHU substituted. Again in section 1 of the 4. THE NORTH-EASTERN AREAS Varanasi on 18th June, 2012 principal Act, in sub-section (1), for the (REORGANISATION) AND OTHER words “National Institutes of RELATED LAWS (AMENDMENT) ACT, Technology”, the words “National 2012 [Act No. 26 of 2012] has been LEGISLATIVE TRENDS Institutes of Technology, Science enacted to amend the North-Eastern Education and Research” has been Areas (Reorganisation) Act, 1971 and substituted. Now in this Amendment Other Related Laws. This new Act for the words “the Schedule”, the Amendment Act inserted a new words “the First Schedule and the proviso in section 2 of the principal Act Second Schedule” has been substituted ( t h e N o r t h - E a s t e r n A r e a s in section 2. This Act provides 10 new (Reorganisation) Act, 1971 and Other NITs in the country. Further this Re l ate d L aws ) . A s i g n i f i ca nt During the 2012 Budget Session of amendment Act brought some extensive amendment is insertion of new Parliament, 21 Bills were introduced in changes in the principal Act to make it sections 28 A to 28 K after section 28, Lok Sabha and 05 Bills were introduced more effective and widen its vision. which provide for the establishment of in Rajya Sabha. Of these, 21 Bills were 3. THE COPYRIGHT (AMENDMENT) separate High Courts for the States of passed by the Parliament. Two Bills ACT, 2012 [Act No. 27 of 2012] has been Meghalaya, Manipur and Tripura and passed by Lok Sabha are pending in Rajya enacted to amend the Copyright Act, details about judges, jurisdictions, Sabha and two Bills passed by Rajya 1957. This Amendment Act has brought practices and procedures, power of Sabha are pending in Lok Sabha. The some substantial changes in the judges in the High Courts. This new most recent Acts (Act No.24 to Act No. principal Copyright Act (the Copyright amendment act also deals with the 29) of Parliament are summarized Act, 1957). It amended the provisions of Special provision relating to Bar below. the principal Act in conformity with Councils and advocates. 1. T H E A N A N D M A R R I A G E Digital Agenda of WIPO Copyright Treaty 5. T H E R A I LW AY P R O P E R T Y (AMENDMENT) ACT, 2012 [Act No. 29 of & WIPO Performances and Phonograms ( U N L A W F U L P O S S E S S I O N ) 2012] was enacted to amend the Anand Treaty 1996 and to ensure protection to AMENDMENT ACT, 2012 [Act No. 25 of Marriage Act, 1909. The new Act the copyright holders and performers 2012] has been enacted to amend the amended sec 2 of the principal Act and against circumvention of effective R a i l w a y P r o p e r t y ( U n l a w f u l after the words “the Sikh Marriage technological measures applied for Possession) Act, 1966. In this ceremony called Anand”, the words purpose of protection of their rights. The Amendment Act mainly Sections 3, 4 “(commonly known as Anand Karaj)” has new Amendment Act provides the and 8 of the principal Act (the Railway been inserted. The new Act has also definition of new terms, viz. Property (Unlawful Possession) Act, 1966) have been amended to make it At International Labour Conference, the effects of foreign debt on human more effective and practical. In section each Member State is represented by a rights, and freedom of expression on the 3 of the principal Act marginal head has delegation consisting of the two internet. The Council also appointed a been substituted viz. “Penalty for theft, government representatives, one special Rapporteur on the Human Rights dishonest misappropriation or unlawful employers' representative and a Situations in Eritrea and strongly possession of railway property.”; the workers' representative. The Session condemned the continued widespread new amended marginal head make the concluded with calls for help in and systematic violations of human Act more clear in its approach. boosting democracy in Myanmar and rights in that country. Substitution in the marginal heads for urgent action on the global Guatemala joins the International (“Punishment for abetment, conspiracy employment crisis affecting youth Criminal Court or connivance at offences.”) of section around the world. The Conference also The Republic of Guatemala deposited its 4 of the principal Act provides a clear adopted a new international labour instrument of accession to the Rome and unambiguous provision for the standard on social protection. It calls for Statute with the United Nations on April punishments and the insertion of providing people with essential health 2, 2012. Guatemala joins as the 121st 'Explanation' in this section states that , care and benefits, as well as basic State Party to the Rome Statute the words “abet” and “conspire” shall income security constituting national establishing the International Criminal have the same meanings as assigned to social protection floors. Social Court. The 1st July 2012 marks the tenth them respectively in sections 107 and protection floors are “nationally anniversary of the International Criminal 120A of the Indian Penal Code (45 of defined sets of basic social security Court. 1860.). In this Amendment Act guarantees which secure protection Justice Bhandari joins ICJ modification in the marginal head of aimed at preventing or alleviating On 19 June 2012, Mr Justice Dalveer section 8 of the principal Act and poverty, vulnerability and social Bhandari sworn in as a member of the substitution in the sub section 1 of the execution”. International Court of Justice. He was section have also been made. UN Conference on Sustainable elected a member of the Court by the 6. THE CONSTITUTION (SCHEDULED Development, Rio+20, 20-24 June, United Nations General Assembly and TRIBES) ORDER (AMENDMENT) ACT, 2012 the Security Council on 27 April 2012 2012 [Act No. 24 of 2012] has been United Nations Conference on following the resignation of Mr Awm enacted to amend the Constitution Sustainable Development took place Shawkat Al-Khasawneh (Jordan) former (Scheduled Tribes) Order, 1950 to from 20 to24 June 2012 in Rio de Judge and Vice President of the Court. modify the list of Scheduled Tribes in Janerio, Brazil in pursuance of the Mr Justice Bhandari will hold office till the State of Karnataka. The new Act General Assembly Resolution 64/236. It February5, 2018. He has been a judge in amends Part VI of Constitution marked the 20th anniversary of the the Higher Indian Judiciary for more than (Scheduled Tribes) Order, 1950. Here in United Nations Conference on the 20 years and was elevated as a judge of the Schedule to the Constitution Environment and Development the Supreme Court of India on 28 (Scheduled Tribes) Order, 1950, in Part (UNCED) and the tenth anniversary of October 2005. VI. - Karnataka, in entry 37, the new the 2002 World Summit on Sustainable G8 Summit 2012 terminology "Medara" has been Development (WSSD). The outcome of Annual summit of the leaders of the G8 inserted after "Meda" the Conference is a political document comprising the eight most powerful “the future we want” (A/CONF economies: Canada, France, Germany, INTERNATIONAL LEGAL NEWS AND 216(L.1)) which mainly focuses on the Italy, Japan, Russia, the United Kingdom EVENTS two issues: (a) a green economy in the and the United States was held in Camp context of sustainable development David, Maryland, the USA on May 19-20 and poverty eradication; and (b) the June 2012. They met to address major institutional framework for sustainable global, economic, political, and security development. challenges including energy and climate 20th Regular Session of the Human change, food security and nutrition, Rights Council, 18June-06 July, 2012 Afghanistan's economic transition and 101st Session of the International During its 20th regular session that took transitions taking place across the Labour Conference, 30 May-14 June place from 18 June to 06 July 2012, the Middle East and North Africa. The 2012 United Nations Human Rights Council Summit concluded with the adoption of 101st session of the International Labour adopted 22 Resolutions on a wide the Camp David Declaration which, inter Conference, an organ of the range of issues including the human alia, calls for taking all necessary steps to International Labour Organization(ILO) rights situations in Belarus, Eritrea, strengthen and reinvigorate economies took place from May30 to June 14,2012 Syria, Cote d'Ivore, Mali,, Somalia, of G8 countries and combat financial which was attended by almost 5000 arbitrary detention, the right to peace, stresses, recognizing that the right delegates from the 185 Member States. measures are not the same for each of Court on the creation of a sub-quota for lagging behind their majority the G8 countries. The 2013 G8 summit OBC minorities is significant as it exposes equivalents in terms of social, economic will be chaired by the UK. some serious infirmities and flaws in the and educational indicators the move to Los Cabos Summit government's decision. In particular, it provide them with a separate quota is A conclave of the leaders of the G 20 has pointed out the following serious weak and rests on slippery grounds. took place in Los Gabos, Mexico on 18- flaws. First, the Government's decision Ajendra Srivastava 19 June 2012. The G20 Declaration to set aside an exclusive quota for OBCs Associate Professor adopted at the end of the conclave among minorities was based on no other State of & Ors. v. Essar Oil established the following priorities: but religious considerations, second, the Limited, Anr. supporting economic stabilization and procedure prescribed under the national A.I.R. 2012 S.C. 1146 global recovery, employment and social Backward Classes Commission Act for Supreme Court dwells on the principle protection, trade, strenghthening the identifying other backward classes of of restitution international financial architecture, citizens was not followed, and finally, a The Law of Restitution is a cardinal reforming the financial inclusion, reservation in admissions to educational common law principle and is founded enhancing food security and addressing institutions can be effected only by upon the principle of unjust enrichment commodity price volatility, meeting the legislation. or unjust benefit. The core concept of challenges of development, promoting The 28 May decision also assumes restitution as opined by the Supreme the longer-term prosperity, and significance in view of the fact that it is Court in Lal Bhagwant Singh v. Sri intensifying the fight against corruption. the fourth judgment in a row delivered Krishen Das, A.I.R. 1953 SC 136: Binayak The next year the G20 summit will be by the Andhra Prasad High Court striking Swain v. Ramesh Chandra Pangigraphi convened in St.Petersburg, Russia. down an exclusive sub-quota in favour of and another, A.I.R. 1966, SC, 948 lies in minorities/Muslims and must be seen in the conscience of the court which RECENT JUDICIAL DECISIONS the larger context of the religion based prevents a party from retaining money affirmative action. It was in 2004, in the or some benefit derived from another case of Muralidhar Rao v State of Andhra which he has received by way of an Pradesh (2004(5) ALT 634) the AP High erroneous decree of court. Court for the first time set aside the AP In the instant case, the Supreme Court Government's order providing 5% dealing with the core concept of reservation to Muslims in Government restitution has observed that it is a jobs and admissions to educational settled principle that when a decree is institutions, “over and above” the OBC reversed or varied or modified or set R. Krishnaiah v. Union of India reservation by placing them in a aside in appeal or revision, law imposes (MANU/AP/031/2012) separate category as it was done without an obligation on the party who received Andhra Pradesh High Court Strikes consulting the AP Backward Classes an unjust benefit of the erroneous down the 4.5 percent quota for OBC Commission and without using relevant decree to restitute the other party for minorities “criteria” for identifying backward what the other party has lost during the On 28 May 2012, a Division Bench of the classes. The Court found that the AP period when the erroneous decree was Andhra Pradesh High Court comprising Government had no clear idea of in operation. The Court has further Chief Justice Madan B. Lokur and Justice backward classes among Muslims and ruled that such reversal may be made by Sanjay Kumar handed down a judgment no clear criteria for identifying who the Supreme Court or by the same court scrapping the 4.5 per cent quota for qualified for a separate quota. Further, in in the same proceeding or by the same other backward classes (OBCs) among 2005 in B. Archana Reddy v State of court in the different proceedings, by minorities within the 27 per cent OBC Andhra Pradesh (MANU/AP/0682/2005) different courts in different proceedings reservation in government jobs and and in 2010 in Muralidhar Rao v State of or in writ proceedings. admissions to educational institutions. Andhra Pradesh (MANU/AP/0003/2010) On the issue that an act of court cannot On 22nd December, 2011 the Central ( Muralidhar Rao II) it declared the prejudice anyone, based on latin maxim Government had issued an Office similar moves on the part of the State actus curiae neminem gravabit the Memorandum and a Resolution Government as unconstitutional as Supreme Court has gone to clarify that earmarking a separate quota for the based on “irrelevant criteria” and dodgy terminology 'the act of the Court' does “castes/communities” of the minorities surveys. not mean merely the act of the primary as defined under the National The 28 May decision of the AP High Court court, or of any intermediate court of Commission for Minorities Act, 1992 together with other cases decided by it appeal, but the act of the court as a which are included in the Central list of on the subject has established beyond whole from the lowest court of which OBCs in employments and admissions doubt that in absence of a strong entertains jurisdiction over the matters to educational institutions under it. statistical evidence suggesting that OBCs up to the highest court which finally The 28 May decision of the AP High among minorities are substantially disposes the case. Citing its earlier decision in A.R. Antulay v. R.S. Nayak & seats for children belonging to a institution maintained or aided by the another, (1988) 2 SCC 602: Rodger v. specified category who face financial State. The 2009 Act is enacted to Comptir D'escompate De Paris, (1869- barrier in the matter of accessing remove barriers such as financial 71) LR 3PC 465 the court held that it is education satisfies the test of barriers which restrict a child's access the duty of the aggregate of those classification in Article 14.” The Bench to education. It is enacted pursuant to tribunals to take care that no act of the has observed that to put an obligation on Article 21A. Thus the decision of court in course of the whole of the the unaided non-minority school to Supreme Court holding the Act as proceedings does not injure to the admit 25 percent children in class I under constitutionally valid qua aided suitors in the court. It is pertinent to the Act cannot be termed as an minority schools is likely to generate an th make clear that when court passes an unreasonable restriction. The 12 April environment where resource less order which is per incuriam and the judgment thus removes the barriers children can feel assured of education party suffered because of the mistake of faced by a child who seeks admission to which will equip them to become a the court, it is also the court's duty to class I and clarifies that it nowhere responsible citizen. It is a welcome rectify the said mistake. restricts the freedom under Article decision at a very right time and now it On the facts of the case, the Court 19(1)(g). is expected from the government to reached the conclusion that as the Commenting on its earlier work out the modalities to ensure its appellant had not received any unjust decision in P.A. Inamdar, the Court has effective implementation. benefit, the principle of restitution held that as Article 15 stands amended Rajnish Kumar Singh could not be invoked in favor of the by the Constitution (Ninety-third Assistant Professor respondent No. 1. The Court further Amendment) Act, 2005 the result is that Narne Construction Pvt. Limited v. held that in order to get the benefit of P.A. Inamdar to the extent that it states Union of India the principle of restitution, the party that there shall be no reservation in MANU/SC/0429/212 claiming restitution need not have private unaided colleges and that there Offer of plots for sale is a service been a party to the appeal in which the shall be no difference between the within the meaning of the Consumer decree was varied or reversed but must unaided minority and non- minority Protection Act. have been a party to the decree so institutions, has been overruled because In a significant judgment delivered on th varied or reversed. the Amendment decreed that there shall 10 May,2012 the Supreme Court ruled Golak Prasad Sahoo be reservations and that there shall be a that the offer of plots for sale to Assistant Professor difference between such institutions. c u sto m e rs / m e m b e rs w i t h a n Society for Unaided Schools of Article 15(5) is an enabling provision and assurance of development of Rajasthan v. Union of India, it is for the respective States either to infrastructure/amenities, lay-out [2012 (4) SCALE 272] enact legislation or issue an executive approvals etc was a service within the Supreme Court upholds the RTE Act meaning of the Consumer Protection th instruction providing for reservation The Supreme Court on 12 April 2012 by except in the case of minority Act and would, therefore, be amenable a majority of 2:1 upheld the educational institutions referred to in to the jurisdiction of the forum Constitutional validity of the Right of Article 30(1). Article 30(1) is not established under the Act. This case Children to Free and Compulsory conditional as Article 19(1) (g). The relates to several appeals filed in the Education Act, 2009 clearing the way for Constitution framers have cast the duty Supreme Court against the decision of free and compulsory education to upon the Government of the day to the Andhra Pradesh High Court dated children between the age of 6 and 14 protect the minorities in the matter of 13.08.2010 which held that the years and reserving 25percent seats for preservation of culture, language and Respondents were consumers and the these children in government, aided script via establishment of educational Appellants were the service providers and non-minority unaided schools. The institutions for religious and charitable within the meaning of the said Act. The judgment written by the Chief Justice purposes. Reservations of 25% in such appellant company offered the sale of shall operate from academic session unaided minority schools result in only developed plots to those who 2012-13. However, admissions given by changing the character of the schools. joined as members upon payment of unaided schools prior to the judgment Thus, the 2009 Act including Section the stipulated fee subject to the shall not be reopened. The judgment 12(1)(c) violates the right conferred on sanction of lay out by the concerned equates denial of right to education such unaided minority schools under authorities. The sale price was not for with violation of right to live with Article 30(1). However, in relation to the virgin land but included the dignity as well as right to freedom of aided minority schools the wordings of development of sites and provision for speech and expression enshrined in Article 29(2) become important which infrastructure. Upon these facts, the Article 19(1)(a). In relation to refers to an individual right and not a A.P. High Court had observed that as reservation of 25 percent seats, the class right. It applies when an individual the transaction between the parties court has observed that “earmarking of is denied admission into an educational was not a sale simplicitor but coupled with obligations for development and B.S.Chauhan and Dipak Misra, JJ ruled acquittal is founded. provision of infrastructure, there was an that the courts while appreciating the (2) The Code of Criminal Procedure, element of service in the discharge of evidence must not attach undue 1973 puts no limitation, restriction or the said obligations of the appellant importance to minor discrepancies. condition on exercise of such power company. In deciding in favour of the The bench further observed that “the and an appellate court on the evidence Respondents the High Court drew discrepancies which do not shake the before it may reach its own conclusion, support from an earlier decision of the basic version of the prosecution case both on questions of fact and of law. Supreme Court namely, may be discarded. The discrepancies Development Authority v M. K. Gupta which are due to normal errors of (3) Various expressions, such as, MANU/SC/0178/1994 in which it was perception or observation should not "substantial and compelling reasons", observed that provisions of the Act be given importance. The errors due to "good and sufficient grounds", "very must be liberally interpreted in favour of lapse of memory may be given due strong circumstances", "distorted the consumers as the Act was a allowance.” conclusions", "glaring mistakes", etc. beneficial piece of legislation. This case involves the rape and murder are not intended to curtail extensive The short question before the Supreme of a nine year old child by the appellant powers of an appellate court in an Court was that whether the appellant - accused. The appellant was charged appeal against acquittal. Such company was , in the facts and under section 302, and 376 read with phraseologies are more in the nature circumstance s of the case, offering any section 511 of the Indian Penal Code. of "flourishes of language" to service to the Respondents within the The Court of sessions noting some emphasise the reluctance of an meaning of the Consumer Protection discrepancies and contradictions in the appellate court to interfere with Act so as to make it amenable to the accounts of eye witnesses and between acquittal than to curtail the power of jurisdiction of the fora established the testimony of the eye witnesses and the court to review the evidence and to under the said Act. The Supreme Court the post mortem report came to the come to its own conclusion. answered the question in affirmative conclusion that the prosecution had and observed that the High Court was failed to prove its case beyond (4) An appellate court, however, must perfectly justified in holding that the reasonable doubt and acquitted the bear in mind that in case of acquittal, activities of the Appellant-company appellant accused. In appeal, the there is double presumption in favour was a service within the meaning of , however, re o f t h e a c c u s e d . F i rst l y, t h e Clause(o) of Section 2(1) of the Act. The appreciated the whole evidence afresh presumption of innocence is available Court clarified that it was not a case and reached the conclusion that undue to him under the fundamental where the Appellant company was emphasis was placed on minor principle of criminal jurisprudence that selling the given property with all discrepancies by the Sessions Court. It every person shall be presumed to be advantages and/or disadvantages on “as accordingly overturned the judgment innocent unless he is proved guilty by a is where is” basis. “It is a case where a of acquittal and convicted the accused competent court of law. Secondly, the clear cut assurance was made to the under section 302, and 376 read with accused having secured his acquittal, purchasers as to the nature and extent section 511 of the Indian Penal; Code. the presumption of his innocence is of development that would be carried further reinforced, reaffirmed and out by the Appellant-company as a part Referring to its earlier decisions strengthened by the trial court. of the package under which sale of fully including the Sheo Swarup v. King (5) If two reasonable conclusions are developed plots with assured facilities Emperor MANU/PR/0043/, Nur possible on the basis of the evidence was to be made in favour of the M o h a m m a d v . E m p e r o r on record, the appellate court should purchasers for valuable consideration”, MANU/PR/0022/1945, Surajpal Singh not disturb the finding of acquittal the Court observed. v. State MANU/SC/0033/1951, Sanwat recorded by the trial court. Priya Vijay S i n g h v . S ta t e o f R a j a s t h a n V.K.Pathak LL.B. (BHU), LL.M.(NLSIU Bangalore) MANU/SC/0078/1960,and Damodar Assistant Professor Jugendra Singh v State of U.P. Prasad Chandrika Prasad and Ors. v. Rohtas v State of Haryana MANU/SC/0485/2012 S t a t e o f M a h a r a s h t r a MANU/SC/0483 Supreme Court on powers of the MANU/SC/0087/1971,the Supreme Supreme Court on powers of the appellate court in cases of acquittal Court reiterated the following appellate court regarding interference On 29 May 2012, the Supreme Court principles laid down in Chandrappa v. in cases of acquittal delivered an important judgment S t a t e o f K a r n a t a k a In a judgment delivered on 22 may regarding the powers of a first MANU/SC/7108/2007: 2012, the Supreme Court of India has appellate court to re-appreciate the (1) An appellate court has full power to made some important observations evidence in cases of acquittal by the review, reappreciate and reconsider regarding the law of interference with court of first instance. Delivering the the evidence upon which the order of the judgment of the acquittal. judgment, a division bench comprising MEMOIR Referring to its earlier decisions in State of Rajasthan v Talever & Anr,2011 SC MESSAGE FROM AN EX-STUDENT 2271; and Govindraju v State (2012)4 SCC722 the Supreme Court held that I have had the opportunity to pursue my all law degrees “only in exceptional cases where there from the Banaras Law School, the renowned law faculty in are compelling circumstances and the India. An institution of higher learning is known from three judgment in appeal is found to be things: high-class infrastructure, including a rich library; perverse, the appellate court can interfere with the order of the competent teaching staff; and students with the acquittal”. It further said: The appellate predominant zeal to acquire knowledge. I can say with court should bear in mind the utmost confidence that at that time all these were there in the Law School. presumption of innocence of the Because of which, we had a real culture of teaching and learning with lots of accused and further that the trial co-curricular and extra-curricular activities. My LL.B. batch can be considered court's acquittal bolsters the p r e s u m p t i o n o f i n n o c e n c e . a memorable one because from among us there became a number of Interference in a routine manner where university professors, leading legal practitioners, eminent judges, high- the other view is possible should be ranking civil servants, a Supreme Court Judge and an Ombudsman. Because avoided, unless there are good reasons of noble efforts of my classmate and friend Mr. Subhash Chand, we meet for interference. In this case, the appellant was acquitted from time to time and commemorate our student lives, which was of the charges u/s 304 B and 498A of the interesting, enjoyable, but competitive. I still remember one thing that Prof. Indian Penal Code by the Sessions Court R. P. Dhokalia always used to say, ‘study in a competitive atmosphere; if you mainly on the ground that there were do not have a competitor, create one’. I must admit that my hard work of that material inconsistencies in the time is still paying. Likewise, Prof. Anand Ji always said to his fellow lecturers depositions of the prosecution witnesses and the guilt of the accused to be thoroughly prepared for the lecture, and if you are not prepared for the persons was not established beyond class, better do not go to the class’. reasonable doubt. On appeal, the High l am indebted to my parent institution and will always be so in all Court of Punjab and Haryana re- times to come. I would like to tell the students of the Law School to work as appreciated the entire evidence a fresh hard as possible because it is only the hard work that can bring success to you. and convicted the appellant u/s 304B and 498-A of the IPC while in respect of God helps those who help themselves. I would say to the lecturers that you other accused persons the order of have chosen a nobles profession. Let the sense of service to the country and acquittal was not interfered with. fellow countrymen prevail over your vested interests. As research is a part of Setting aside the judgment of the High your profession, keep seriously engaged with it also. Court, Justice Dr B.S. Chauhan ruled My best wishes will always be with you. that since the defence version seemed plausible and the demand for dowry could not be established, it was not Prof. Dr. Abdul Haseeb Ansari right for the High Court to interfere with Senior Professor, Faculty of Laws the finding of the trial Court. In the Deputy Dean, Research Management Centre instant case, the Supreme Court reiterated the well known principle of International Islamic University Malaysia the criminal law jurisprudence that Malaysia where two views are possible regarding the guilt of the accused, he should be given the benefit of doubt. Priya Vijay LL.B. (BHU), LL.M.(NLSIU Bangalore)

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