jus radar vol i issue 3

7
...law speaks for itself  (For Private Circulaon and Educaonal Purpose only)  7 Pages University Edion Visakhapatnam www.dsnlu.ac.in Maharashtra can Maharashtra can Maharashtra can connue with Babli connue with Babli connue with Babli project: SC project: SC project: SC p ….Page 2 The Featured Entrevista… ..Page 3 Importance of Law Libraries in Legal Educaon ….Page 7 ….Page 7 Concept on Law… Death Penalty ?? Is it needed ?? Editor’s Pick  In India, Death Penalty is awarded in “rarest of ra- re” cases. What is “rarest of rare” cases?? Is our Judi- cial system free from external pressures or internal prejudices??? The recent blasts in Hyderabad killed 18 people and the number is counng, is it a reprisal for Afzal’s hanging??? Why Afzal is hanged to death???. It is to deliver a strong message to all like minded people not to resort into any such acvies in the future. But, the result is converse to it. In his leer, Afzal long before his death con- fessed that his hanging will not stop any terror aacks. The same happened and kill blameless people. Death to death re- sults is no death is what deterrent theory proposes, but death to death resulted in countless deaths is the reality and proves the theory not appropriate to deter the commission of crime.  Second Oponal Protocol to the Interna- onal Covenant on Civil and Polical Rights (formed on 5 December 1989, and came into force on 11 July 1991 ), aims at the abolion of death penalty. It’s members states are commied to the abolion of death penalty. Currently the covenant is signed by 75 states and 4 other are due to raca- on. According to the convenon 40 states sll re- tains death penalty in both law and pracce which constutes 66% of World’s Populaon in 2012 and India is a part of it. Jusce Krishna Iyer, a strong proponent of the re- formatory theory said that “Every Saint has a past, every sinner has a future”. But in our country death sentence is sll being implemented in both law and pracce. Is deterrence a valid end of jusce, and what in “rarest of rare” of cases . Deterrence theory which believes severe punishments would deter the like- minded from comming the crime. But is it so in the actuality? A crime is commied as a result of the con- ict between the personality and the move of the criminal, one may commit a crime either because the persuasion of the move is stronger or because the restraint imposed by the personality is weak. At that moment no harsher punishment in law can act as a deterrent to a person involved in the commission of crime (According to 1948 Britain Royal Commission’s study, out of 168 convicted for death penalty 164 have earlier witnessed public execuons ). The social, polical, economical and geographical condions may be the cause of commission of any oence. On the other hand reformatory theory could bring about a change in the personality and character of the oend- er, so as to make him a useful member of the society. A person who commied a crime should be seen in isolaon and on case to case basis, but not in an en- rety. Punishment given to a parcular person will not deter the person of similar nature in situaons that may come and end product is minimal and eect on society is adverse in creang a vindicve atude among the people towards a certain class and dwin- dling faith on the Jusce system in the secons of people belonging to similar condions.  Is “rarest of rare” case principle jusfying the ends? Indian judiciary has adopted a strange principle of “rarest of rare” case principle which mandate the  judges to render ‘special reasons’ to restrain from any arbitrary decisions or by internal prejudices by the  judges under Sec 354 (3) of the Cr.P.C.(Bachan Singh case (1980)). In the dissenng judgment given by Jus- ce P.N.Bhagavathi, it was held that Sec 302 of IPC is “Ultra Vires” and void as being violave of Art 14 and 21 of the Indian Constuon, since it does not pro- vide any legislave guidelines as to when life should be permied, or exnguished by imposion of death sentence. “An eye for an eye will leave everyone blind” said Gandhiji. It has been rec- orded that in Indian Trial Courts have awarded the death penales very oen in the last decade, reason in- ferred behind is that, Supreme Court has not drawn a line of denion between “rarest of rare” case and any other ordinary case. When pub- lic senments were given more weightage over the law, every case will be “rarest of rare” case. At the end of the day, judges are not free from having dierent percepons depending on dierent ideological backgrounds causing grave injusce to the oenders. In a recent case in New Delhi, where a father raped and killed his daughter and also killed his wife, the Supreme Court commuted the death sen- tence to life imprisonment, holding that the death penalty should be an excepon and life sentence should be the rule. But to the surprise Supreme Court gave death sentence to an accused who kidnapped a seven year old boy and demanded a ransom and later killed him, when we weigh against both the cases there exist a clear inconsistency in the court applying the principle which is laid down by itself or it felt there should be no two rarest of rare cases in a se- ries!!! Apart from the predicaments within the judges, the peripheral pressures from media and other social groups are eecng the decisions of the judges. In a case the bench headed by K.S.Radhakrishnan has To be Connued in Page 2...  “Compromise is the best and cheapest lawyer” - Robert Louis Stevenson, Famous Novelist  wednesday, the 13 th march, 2013 Vol. I Issue 3 Estd. 2013 DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY DAMODARAM SANJIVA YY A NATIONAL L AW UNIVERSITY jus jus RADAR RADAR  

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Page 1: Jus Radar Vol I Issue 3

7/28/2019 Jus Radar Vol I Issue 3

http://slidepdf.com/reader/full/jus-radar-vol-i-issue-3 1/7

...law speaks for itself  (For Private Circulaon and Educaonal Purpose only) 

7 Pages 

niversity Edion 

Visakhapatnam 

ww.dsnlu.ac.in 

Maharashtra canMaharashtra canMaharashtra can

connue with Babliconnue with Babliconnue with Babli

project: SCproject: SCproject: SC 

p  ….Page 2 

The Featured

Entrevista… 

..Page 3 

Importance of Law

Libraries in Legal

Educaon 

….Page 7….Page 7 

Concept on Law… 

Death Penalty ?? Is it needed ??

ditor’s Pick 

In India, Death Penalty is awarded in “rarest of ra-

e” cases. What is “rarest of rare” cases?? Is our Judi-

ial system free from external pressures or internal

prejudices??? 

The recent blasts in Hyderabad killed 18people and the number is counng, is it a

eprisal for Afzal’s hanging??? Why Afzal is

anged to death???. It is to deliver a strong

message to all like minded people not to

esort into any such acvies in the future.

But, the result is converse to it. In his

eer, Afzal long before his death con-

essed that his hanging will not stop any

error aacks. The same happened and

ill blameless people. Death to death re-

ults is no death is what deterrent theory

proposes, but death to death resulted in

ountless deaths is the reality and proves

he theory not appropriate to deter theommission of crime. 

econd Oponal Protocol to the Interna-

onal Covenant on Civil and Polical Rights

formed on 5 December 1989, and came

nto force on 11 July 1991 ), aims at the abolion of 

eath penalty. It’s members states are commied to

he abolion of death penalty. Currently the covenant

s signed by 75 states and 4 other are due to raca-

on. According to the convenon 40 states sll re-

ains death penalty in both law and pracce which

onstutes 66% of World’s Populaon in 2012 and

ndia is a part of it.  

usce Krishna Iyer, a strong proponent of the re-

ormatory theory said that “Every Saint has a past,very sinner has a future”. But in our country death

entence is sll being implemented in both law and

pracce. Is deterrence a valid end of jusce, and what

n “rarest of rare” of cases . Deterrence theory which

believes severe punishments would deter the like-

minded from comming the crime. But is it so in the

ctuality? A crime is commied as a result of the con-

ict between the personality and the move of the

criminal, one may commit a crime either because the

persuasion of the move is stronger or because the

restraint imposed by the personality is weak. At that

moment no harsher punishment in law can act as a

deterrent to a person involved in the commission of 

crime (According to 1948 Britain Royal Commission’s

study, out of 168 convicted for death penalty 164

have earlier witnessed public execuons ). The social,

polical, economical and geographical condions may

be the cause of commission of any oence. On the

other hand reformatory theory could bring about a

change in the personality and character of the oend-

er, so as to make him a useful member of the society.

A person who commied a crime should be seen in

isolaon and on case to case basis, but not in an en-

rety. Punishment given to a parcular person will

not deter the person of similar nature in situaons

that may come and end product is minimal and eect

on society is adverse in creang a vindicve atude

among the people towards a certain class and dwin-

dling faith on the Jusce system in the secons of 

people belonging to similar condions. 

Is “rarest of rare” case principle jusfying the ends?

Indian judiciary has adopted a strange principle of 

“rarest of rare” case principle which mandate the

 judges to render ‘special reasons’ to restrain from any

arbitrary decisions or by internal prejudices by the

 judges under Sec 354 (3) of the Cr.P.C.(Bachan Singh

case (1980)). In the dissenng judgment given by Jus-

ce P.N.Bhagavathi, it was held that Sec 302 of IPC is

“Ultra Vires” and void as being violave of Art 14 and

21 of the Indian Constuon, since it does not pro-

vide any legislave guidelines as to when life should

be permied, or exnguished by

imposion of death sentence. “Aneye for an eye will leave everyone

blind” said Gandhiji. It has been rec-

orded that in Indian Trial Courts have

awarded the death penales very

oen in the last decade, reason in-

ferred behind is that, Supreme Court

has not drawn a line of denion

between “rarest of rare” case and

any other ordinary case. When pub-

lic senments were given more

weightage over the law, every case

will be “rarest of rare” case. At the

end of the day, judges are not free

from having dierent percepons

depending on dierent ideologicalbackgrounds causing grave injusce

to the oenders. In a recent case in

New Delhi, where a father raped and

killed his daughter and also killed his

wife, the Supreme Court commuted the death sen-

tence to life imprisonment, holding that the death

penalty should be an excepon and life sentence

should be the rule. But to the surprise Supreme Court

gave death sentence to an accused who kidnapped a

seven year old boy and demanded a ransom and later

killed him, when we weigh against both the cases

there exist a clear inconsistency in the court applying

the principle which is laid down by itself or it felt

there should be no two rarest of rare cases in a se-ries!!! 

Apart from the predicaments within the judges, the

peripheral pressures from media and other social

groups are eecng the decisions of the judges. In a

case the bench headed by K.S.Radhakrishnan has

To be Connued in Page 2... 

“Compromise is the best and cheapest lawyer”-

Robert Louis Stevenson, Famous Novelist 

wednesday, the 13th march, 2013

Vol. I

Issue 3 

Estd. 2013 

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITYDAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY 

jusjus RADARRADAR 

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"Insulted" and "shocked" ….Harish N Salve Italy's stand on the marines issue, senior Supreme Court advocate Harish Salve has quit as counsel for the Italian government in the sh-

men killing case. He said the Government will be "jused" in the tough steps it takes in the maer aer the Italian government refused

e return of two marines, charged with killing of two Indian shermen last year. The two accused marines, Massimiliano Laore and Sal-

tore Girone, were allowed by the apex court on February 22 to travel to Italy for four weeks under the control and custody of the Ambas-

dor of Italy in India, to cast their ballot in the elecons. Salve said "They (marines) acceded to the jurisdicon of the Supreme Court. Su-

eme Court heard their case, gave substanal relief, quashed proceedings in Kerala and was trying to get the government to set up a courtd sele all these quesons of United Naons Convenon on the Law of the Sea (UNCLOS). Then this happened. It is disappoinng".

My Lord says….. 

InternaonalInternaonalInternaonal 

Argenne Court punished Former Military General for war crimes 

An Argenne court in Buenos Aires sentenced former military general  Reynaldo Bignone on 12th March

2013, to life in prison for crimes against humanity commied during the naon's 1976 -1983 "Dirty War". In

addion, the 85-year-old general is serving other  jail sentences  for related crimes commied during the

"Dirty War." Bignone along with four other former soldiers were found guilty of crimes commied against

23 vicms. Argenna connues to prosecute those accused of comming human rights abuses during the

"Dirty War." 

In March 2011 an Argenne court  commenced the trial of former dictators  Jorge Videla and Bignonevfor

allegedly overseeing a systemac plan to steal babies born to polical prisoners during the "Dirty War." The

two were accused in 34 separate cases of infants who were taken from mothers held in clandesne torture

and detenon centers, the Navy Mechanics School and Campo de Mayo army base. The case was opened 14

years ago at the request of Grandmothers of the Plaza de Mayo, and includes as defendants ve military

 judges and a doctor who aended to the detainees. In December 2010, Videla was sentenced to life in pris-

on [JURIST report] for crimes against humanity.

Naonal 

Maharashtra can connue with Babli project: SC 

Seven year old legal bale between State of Andhra Pradesh and Maharashtra come to an end on 28th

Feb-

ruary 2013, as Supreme Court decided in favor of State of Maharashtra. This barrage constructed in Nanded

District is expected to help the Maharashtra in irrigaon and drinking water purposes covering 8000 hec-

tares. Major issue raised by Andhra Pradesh in the court was that, if a dam was built upstream it would

aect the irrigaon and drinking water of 6 Northern districts of Andhra Pradesh. Andhra Pradesh had

moved the court in 2006 to demolish the barrage. State of Maharashtra opposed this plea stang, the agree-

ment signed by the two states in 1975, for the construcon of projects to use its share of water is preroga-

ve and the only cap is that the ulizaon should not exceed 60 thousand million cubic (tmc) feet (1 tmc

equals 28.3 billion litres) of water. To study the issue, court has appointed a three member commiee to

supervise the construcon. Their duty will be to ensure that Maharashtra will be construcng the barrage

within the prescribed limits. Apex court also ordered Maharashtra to release 0.6 tmc of water every year to

Andhra Pradesh. 

SC to hear Death convicts on Review 

The Supreme Court on 6th March 2013 ,agreed to hear a plea of a death row convict seeking that review

peons led by him and other condemned prisoners against their sentence be heard in open court instead

of being decided by judges in chambers.  A bench of Jusce P Sathasivam and Jusce S Khehar will also de-

cide the plea that all death penalty maers in the apex court be heard by a bench of ve judges as recom-

mended by the Law Commission. 

The court meanwhile stayed the execuon of death sentence of the peoner Sundarrajan whose review

peon on its judgement for upholding his death sentence is pending before the apex court.  

It also issued noces to the Centre and the Supreme Court Registrar on the peon seeking amendment of 

Supreme Court Rules for allowing hearing of review pleas of death row convicts in open court.  

The apex court had on February 5 upheld the death sentence slapped on Sundarrajan by courts below in

Tamil Nadu for kidnapping and strangulang a seven-year old boy to death in 2009 when Rs ve lakh ransom

demand for the child's release was not paid. He has pleaded that the safeguard of hearing review peonsin open court is required as "it would be the nal barrier against judicial errors resulng in loss of life."  

"The recommendaon in the Law Commission report that all death penalty maers in the Supreme Court be

heard by a bench of ve judges be implemented and, in the alternave, at the least three judges ought to

hear criminal appeals where capital punishment is involved," he has said in his peon led through

Advocate Renjith B Marar.

jus Radar  2 

.Connued from Page 1 

dmied “Courts award death sentence, when situa-

on demands or due to retort of the people and judge

ntric” and another member of the bench Jusce

pak Mishra observed that “ Even aer the crime and

iminal tests are sased against the accused, even

en the court has to nally apply the “rarest of rare”

se test, which depends on the percepon of the soci-

y and not judge centric that is whether the society

ll approve the awarding of death sentence to certain

pes of crime”.

he role of media also has aggravated the situaon and

en tends to inuence the public to exert pressure on

e judiciary, in this way people may possibly inuence

e judgments, this can be a potenal threat to the

diciary as a constuonal funconary.

he world naon believes that we are protagonists of 

on-violence and tolerance which is sublime beauty of 

e Indian society. Great personalies like Buddha and

andhi propagated and promoted the same all through

eir life. As successors it is our duty to pracce the

est of their ideologies. It is me for society to accept

e truth and must understand life and death of a per-

n are a far from reach of common man, a judge and

state is no excepon to it. Let us try to reform therongdoers to right doers where the real potenal of 

e jusce system subsists. By eliminaon of the

rongdoers we should not miss a chance for him/her

do the right things in the coming me. —

Sarath Chandra Javvaji, Editor 

InternationalInternationalInternational

Legal DomainLegal DomainLegal Domain

Happenings...Happenings...Happenings... 

Marijuana, and Marijuana Tax 

REE-THE-WEED campaigners speak not of “legalising”

arijuana but of “taxing and regulang” it. True to

eir word, the ballot measure they placed before Col-

ado’s voters last November, which won the support

55% of them, was called to Regulate Marijuana Like

cohol Act and contained provisions for a 15% excise

x. Now the law is taking shape, the signs are that one

the world’s rst fully legal marijuana markets

Washington state also backed legalizaon) will have

the taxes and rules anyone could have wished for.

is also said that the Mexican drug cartels are the

ost beneciaries in the bringing of this act. 

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Appointments & RetirementsJusce P. C. Ghose, C.J of the AP High Court has been elevated as a Judge of the Supreme

Court. Jusce N.V. Ramana will be the acng CJ taking over the charge from Jusce Eswaraiah

who is appointed as the acng CJ as the laer rered on March 10th .Jusce Ghose who was a

permanent judge of the Kolkata High Court, was appointed as acng Chief Jusce of the AP

High Court on June 25, 2012. He was elevated as the Chief Jusce of the AP High Court and as-sumed charge on December 12, 2012. 

nterview with Hon’ble Juscenterview with Hon’ble Juscenterview with Hon’ble Jusce

B.S. Pal of Karnataka HighB.S. Pal of Karnataka HighB.S. Pal of Karnataka High

CourtCourtCourt 

us Radar: Good Aernoon Sir, We are grateful to you

or accepng our request, and this is our rst inter-

ew aer Jus Radar begin it’s journey…With your per-

ission shall we start the interview Sir.. 

usce B S Pal: (with a broad smile) Yes go ahead.  

us Radar: Aer a successful journey in the legal ca-

eer doing 2 roles i.e. a judge and a lawyer, which role

d you like the most…? 

usce B S Pal: I love both the roles. One role is com-

ementary to the other. If you don’t like the rst roleou may not like the second role. And if you like the

econd one, you will certainly move into the rst one

smile). A good lawyer becomes a good judge, and a

ood judge owes his credit to being a good lawyer. I

eally enjoyed doing both of them. I used to discuss

ith my wife about the cases which we have argued,

ow the cases are conducted, how the arguments are

uilt and presented and I always remember some of 

he cases and even now I rejoice my days as a lawyer.

hose experiences are invaluable and you cannot com-

are that with this role, that is an ocean where my

ole as a lawyer is tremendous. 

us Radar: As a law professional, what is your greatest

rength and weakness??? 

usce B S Pal: My greatest strength was being

uthful, always marshal the facts and be convinced

bout the case. I try to focus on it and present it. If I

ave accepted a case, I always felt that it’s a just

ause and I fought for it. That was my convicon. And

he second part of the queson i.e. weakness, there is

o weakness as such but, as a judge when you dis-

harge your dues, somemes you feel the desired

sce you want to give, you will not be able to due to

ertain legal constraints. Somemes you see that truth

something else and law is something else. At that

oint of me you realise there are lot of constraints.

his is the reason why the alternave dispute resolu-

on methods like mediaon and lok adalat where real-

the pares workout for remedies, they have a solu-

on there. It is not weakness as a person or a judge,

ut in the legal system there are certain constrains

nd limitaons which comes in the way of your sas-

ctory disposal of cases. 

Jus Radar: Tell us about the Lokayukta, and its work-

ing? 

Jusce B S Pal: Lokayukta is a wonderful instuon.

It is designed to eradicate corrupon, corrupt acvies

and help people to get their desires fullled. And I

should say it is working well in our state (Karnataka),

especially during the me of Jusce Santosh Hegde

and Jusce Venkatachelaiah they had performed very

well. 

Jus Radar: There is an allegaon that judiciary is cor-

rupted to an extent. Is it true?, if so what is the possi-

ble remedy you would suggest? 

Jusce B S Pal: In any instuon there will be people

who are corrupt and there who are suscepble to it.

Corrupon is not a phenomenon that parcularly oc-

curs in an issue or in a parcular day. In case of law-

yers there are some evils which are sustained when

they become judges. So it goes ahead like that. But if 

one compares the judicial instuon as such with oth-

er instuons one must take credit in saying that the

instuon has maintained its purity by and large. The

possible correcve step though there are some aber-

raons involved, constantly educang oneselves, he

must undergo constant educaon even aer he as-

sumes oce. A Judge should be aware about values,

dues, principles and purity in performing dues.

Apart from that, we need to have structures like judi-

cial academy to support them and to guide them to

inculcate values, dues and principles. This is how we

can nurture it. 

Jus Radar: Going into the burning legal issues……. 

Jus radar: Recently “Vishwaroopam” lm was banned

in the guise of public order. Are we derailing from the

track of democracy in the course of me under the

guise of protecon of public order? 

Jusce B S Pal: Certainly, disproporonate reacon

from various quarters would lead to such an invasion

of rights and fundamental rights especially. One has to

be guarded in protecng the law and order, but it

should be balanced and you should ensure that free-

dom of expression is not sculed in the guise of public

order. 

Jus Radar: Is it not the need of me to rely more upon

CBFC or any other authorised body to look upon the

issue rather than the court been made to watch mov-

ies every now and then.? 

Jusce B S Pal : Ulmately if a maer comes to thecourt, whether it is Censor Board or the execuve ac-

on, if it is challenged in the court and the court wants

to sasfy itself as to whether there are any oending

porons in the movie hurng the senments of a sec-

on of people, which may give rise to law and order

problems then there is nothing wrong in courts in-

volvement and it is the best way of facing things, how

it impacts ordinary prudent man. From the ordinary

prudent man’s stand point of view, what will be the

response, would it really rake up some emoons or

was it just made up. It’s one beer way of judging the

issue. 

Jus Radar: “Lord Denning’s judgments were beer

than Jusce Krishna Iyer’s judgement” due to it’s sim-plicity and plain language. What is your view on this?  

Jusce B S Pal: Lord Denning is an Englishman

(smiling….) he was born and brought up and educated

in the English language and Jusce Krishna Iyer being

an Indian he mastered the language. In Samudramun-

i’s case Jusce Krishna Iyer said about “dexterity of 

dicon cannot override the arculated concepts of 

legislaon” your dicon (language) may be anything

but it’s dexterity cannot alter the concepts of any leg-

islaon , so beaufully wrien which probably English

men cannot do this (everybody in the room smiling ).

But Krishna Iyer’s judgments should be appreciated

because of the eort behind it and how it is communi-

cated. We should not just focus on few lines and say

that the judgment is complex. It was his style and one

cannot forget the way he ensured jusce in his judg-

ments. 

Jus Radar : Talking about one of your favorite con-

cepts in law Alternate Dispute Resoluon…Faster dis-

posal is guaranteed but away from the reach of com-

mon man is arbitraon… In your opinion which is the

best ADR feasible to the common man? 

Jusce B S Pal: (Spontaneously with a laugh) Media-

on is best. Mediaon is simple and inexpensive way

to decide our own cases. Mediaon and Lokayukta are

the best available opons. 

...Connued in Page 6 

jus Radar  3 

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Fortune Cookie delivered to

jus Radar  4 

The stone of grandeur, the Foundation Stone !! 

Hon’ble Chancellor and Vice-Chancellor receiving the

guests...

Hon’ble Vice Chancellor addresses the

gathering 

Facultysharinglig

htermoments!!

SNLU 

The “Sankusthapana” 

Registrar, conveying his heartfelt

Vote of Thanks

The campus is said to be world-class, with the state-of -art infrastructure. 

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o you Know ? 

espite Gambling is illegal in India, Goa has made two amendments to the Goa, Daman

and Diu Public Gaming Act to legalize certain forms of Gambling under “Authorised

Game”( including Board games) in Five star hotels and oshore cruise . 

jus Radar  5 

Who are we ???

   A   n  s    w  e  r  s   –   T   h i  s i  s  t   o i   n  f   o  r    m  y   o   u  t   h  a  t  t   h  e  a   n  s    w  e  r  s    w i l l   b  e   o   u  t   o   n l  y   o   n   o   u  r  F  a  c  e   b   o   o  k   P  a  g  e  !  !  !

1) I am _______?  2) I am _______? 3) I am _______? 

4W & H ( What, When, Where, Who, and

How )

1. 

Which legislaon was enacted by parliament to prevent rapiddeforestaon and the resulng degradaon in 1908? 

2.  What is known to be umbrella legislaon in environmental

laws in India? 

3.  What was the objecve of SOLAR convenon of 1960 ?  

4.  When is World Earth day observed? 

5.  How is “Ganga Punardarshan” has been signicant in

environmental protecon in India? 

Legal Tussle !! Find Me Out !!

Across 

4 Which Doctrine stands for proposion that the contract for conveyance of property merges into deeds of conveyance? 

5 Which courts are Temporary courts which hold proceedings for few selected months in a year ?

7 William C Viz Arbitraon Moot Court Compeon is conducted in which Country ? 

Down 

1 What is the moral code and religious law of Muslim which is applied almost fully in Afghanistan ? 

2 Indian Constuon is Unitary in nature but federal in character. What about Indian judiciary?? 

3 Which evidence rule is the substanve common law rule in contract cases that prevents a party to a wrien contract from

presenng extrinsic evidence that contradicts or adds to the wrien terms of the contracts that appears to be

whole ? 

6 Which Pharmaceucal Company in India has won in 2008 allowing it to manufacture a cheaper generic version of 

oseltami vir ( Trade name of original patent- Tamiu) ? 

 

PC constuted on Chopper Scam 

Joint Parliamentary Commiee will probe the chopper scam against the

overnment. The government asserted that there will not be any “cover

p” JPC will go for thorough study into the scam and the guilty will be pun-

shed to maximum. A 30 member JPC was decided by a moon passed by

he Rajya Sabha on 27 February aer most of the opposion party walked

ut. Opposion has previously accused the government for its inacon for

ver a year into the Rs 3,600 Crore deal for 12 helicopters with Agusta-

Westland which has got into a controversy aer allegaons that it hadribed to the tune of Rs 362 Crore.  

Medical Council of India Chief can be sacked now…. 

he government may be empowered to remove the president or other

ce-bearers of Medical Council of India (MCI) if found indulging in cor-

upt pracces. The Indian Medical Council (Amendment) Bill, 2013, which

s expected to be put before the Cabinet on Thursday seeks to bring about

uch changes requiring the government to act in case of serious charges

gainst MCI oce-bearers.The Ministry of Health and Family Welfare is

lso proposing to x the tenure of the President of the elected-body of 

MCI to a maximum period of four years and restricng it to two connuous

erms only. Earlier, the President could have a ve -year tenure and there

was no limit on the total number of terms. Under the exisng law the gov-

rnment has no control over the elected body of the MCI. The health min-

stry had constuted Board of Governors (BoG) aer its former President

was allegedly caught taking bribe in 2010. Since then, the health ministry

as been seeking extension of the tenure of BoG governing MCI. Accord-

ng to the proposed amendment the renewal of enrolment of doctors will

e made mandatory every 10 years. Once the bill gets clearance all the

octors enrolled with Indian Medical Register or the State Medical Register

or 10 years will have to apply for renewal within a year.  

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jus Radar  6 

ccording to Conduct of Elecons Rules, 1961,If an elector, aer his electoral roll number has been duly entered in the register of voters in Form 17A

nd has put his signature or thumb impression thereon as required under sub -rule (1) of rule 49L,decided not to record his vote, a remark to this

ect shall be made against the said entry in the Form 17 A by the presiding ocer and the signature or thumb impression of the elector shall be ob-

ined against such remark. If the number of votes recorded under Rule 49-O exceeds the maximum number of votes polled for any of the candidates,

re-elecon is held and the rejected candidates can’t compete again.

Side…. 

doctor and a lawyer were aending a cocktail party when the doctor was approached by a man who asked advice on

ow to handle his ulcer. The doctor mumbled some medical advice, then turned to the lawyer and remarked, "I never

now how to handle the situaon when I'm asked for medical advice during a social funcon. Is it acceptable to send a

ill for such advice?" The lawyer replied that it was certainly acceptable to do so. So, the next day, the doctor sent the

lcer- stricken man a bill. The lawyer also sent one to the doctor. 

he Featured Entrevista 

onnued from Page 3... 

s Radar : Sll large sects of people in rural areas are deprived or unaware of 

cess to jusce… Nowadays Gram Nyayalayas seem to be a beer alternave.

hat is your opinion on gram nyayalayas and what are the future prospects of 

.? 

sce B S Pal: First thing is that we should sensize people so that they believe

trust our dispute resoluon system. Whether it is gram nyayalayas or exisng

yayalayas or lok adalats or any exisng court structures, people are not drawn

the court primarily. For the kind of problems they have they don’t come to

urt to resolve them. That has to be addressed. Many people do not know what

ppens in the court and how jusce is arrived at. They are carried away by mis-

ading thoughts like a case would take 5 to 10 years, for a decision. That myth

s to be removed. In our state (Karnataka) we have so many courts, some of the

urts are being closed because there are no cases. In my administrave district I

ve told the judges that they must have a metable as to, when a case is led,

hen is it posted for evidence, when it will come up for arguments and along with

e “judgment day”. Where on that day the case will be cleared and the same

ll be made known to the ligant. People should know that on a parcular date

e judgement of the case will be delivered and they should not feel they are lan-

ishing in the court of law, if this happens we can build trust and gain condence

the public and sensize them. This is what happens in English and U. S legal

stem. 

s Radar: How far we are successful in sensising the public? What else we need

achieve the ends? 

sce B S Pal: We have been doing our best… Legal Services Authority (LSA)

ve this Rath Yatra, where 3 Rathas for this purpose alone would travel through

villages across the state. Where we have all the infrastructure like a court,

mprising of magistrate and the court sta going to the village. Along with them

rious organizaons must be involved, law students must take part in creang

wareness and sensizing them. But, it has to catch up. It should become more

tense. The courts have got restricons in reaching out to the public. The court

nnot go door-to-door asking people to come to the court. That is the reason

hy we look forward from voluntary organizaons and students.

s Radar : In your student days, were you worried about your profession at anyme? 

sce B S Pal : (Remembering those days) Yeah, Yeah, I was not very sure

hether I would become a successful advocate. In fact my dream was to do M.A.

English and become a professor. To pursue PhD, write some poems and all that

was my vision from the childhood (with a smile). But aer becoming a student of 

law, I thought I will do LLM and fulll my dreams becoming a lecturer .But there

was a twist to the story and I am here.  

Jus Radar: Is there any strong unfullled wish?  

Jusce B S Pal: NO..(Spontaneously)!!!. 

Jus Radar: Do you think that the concept of Naonal Law Schools is successful in

achieving it’s objecves? 

Jusce B S Pal: It is….According to me it is successful .They have brought about ashi in the quality of the legal educaon. These days many bright students who

should have otherwise opted for other professional courses are taking law aer

giving compeve exams like CLAT. That is a very good sign, but we have to keep

the standard high and should not let it dwindle.

Jus Radar: But the fact remains that, very less students enter into ligaon which

is in a way defeang the primary objecve of NLS concept……  

Jusce B S Pal: This is because of lack of condence in themselves. They want

some secured place where you are assured of a xed amount of money per

month, who think in pracce it is uncertain way. The challenge lies in future un-

predictable things and unpredictable heights you can reach in ligaon. Where as

in other cases you can reach to only predictable heights. So those taking challeng-

es would be beneed. 

Jus Radar: What is your valuable suggeson for law students?  

Jusce B S Pal: Aggressively and passionately pursue the path, reach the excel-

lence in your eld and wherever you are, will succeed. 

Jus Radar: How did you nd DSNlU and Vizag??  

Jusce B S Pal: It is a wonderful instuon, highly commied sta and students.

Very enthusiasc students, highly intent in listening and inculcang the

knowledge and I am happy to be here.  

Jus Radar: THANK YOU VERY MUCH Sir…Jus Radar team would like to thank you

on behalf of DSNLU for vising DSNLU and spending your valuable me with us…..

Entrevistado por, Sarath Chandra Javvaji, Editor

Alaap Thomas Alex, Executive Editor

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jus Radar  7 Isn’t it Interesng ???Isn’t it Interesng ??? 

In England, it is an act of treason to place a postage stamp bearing thIn England, it is an act of treason to place a postage stamp bearing thIn England, it is an act of treason to place a postage stamp bearing the Queen upside down.e Queen upside down.e Queen upside down.

In Portugal, it’s against the law to pee in the ocean.In Portugal, it’s against the law to pee in the ocean.In Portugal, it’s against the law to pee in the ocean.

In Iowa, aer 5 minutes of kissing you’re breaking the law.In Iowa, aer 5 minutes of kissing you’re breaking the law.In Iowa, aer 5 minutes of kissing you’re breaking the law.  

In Singapore, chewing gum is illegal.In Singapore, chewing gum is illegal.In Singapore, chewing gum is illegal. SOURCE: www.ihing.comSOURCE: www.ihing.comSOURCE: www.ihing.com 

Students can mail their columns at our mailbox,  

<[email protected]>.

Mail your suggesons at, 

<[email protected]>.

WE WOULD LOVE TO HEAR FROM YOU.

jus RADAR ...law speaks for itself 

Educaon or awareness of laws, characterize

e lawyers as 'Social engineers'. "….man is inwardly a

oul and a conscious power of the Divine and that the

voluon of this real man within is the right object of 

ducaon and indeed of all human life."-

Sriurobindo. 

The legal educaon discovers the ways and

eans to explain to us the working of a legal system

nd nds out the way it funcons and aects society,

denotes professional knowledge constantly growing

response to human condions and animated by the

sions of future. 

Jusce. Gita Mial , a keynote

peaker, (Internaonal conference NLU-Delhi, (02-03-

013) put the spotlight on the dynamic nature of legal

ducaon system. Mial J. observed that legal educa-

on system was rapidly changing and the legal infor-

aon system was also not too far behind either.

The law library is designed to assist law stu-ents, teachers, scholars and managers of administra-

on of the parent academic instuon. Therefore, the

w library of an academic instuon is established to

eet the informaon needed for dierent user

oups for the fulllment of their various Academic

cvies. 

Academic law libraries, besides other

factors are instrumental in providing legal educaon

with utmost quality with added value addion. Aca-

demic law libraries are primarily connected to teach-

ing and research, and these libraries also accommo-

date the instruconal requirements of the law aca-

demic instuons academic curriculum. 

A  law library  is  designed to assist  law stu-

dents, aorneys,  judges, their  law clerks and anyone

else who nds it necessary to correctly determine the

state of the law.

Aims & Objecves of Law Universies/ Colleges Li-

braries 

To evolve and impart comprehensive legal

educaon at all levels to achieve excellence 

To promote legal awareness in the community

for achieving social and economic jusces 

The Primary goal is to support the curriculum

and research needs of faculty and students 

To provide a state of art informaon storage,

retrieval and disseminaon service 

To provide online legal e-informaon by vari-

ous ways on the Web online legal e - infor-

maon to all law students, research scholars,and Faculty Members.

To provide document delivery Services both in

print & Electronic form 

Library Informaon Services 

As court of law is a temple of jusce, a library of law

is a temple of learning and such Law library service

has to play an eecve and ecient role in legal pro-

fession. As law is developing in a fast track mode it

has its impact on every aspect in the changing society

and needs a bridge between mulplicaon of legal

literature and legal professionals by the eecve

means of documentaon techniques and standards,

these techniques can be inculcated by the user

through law librarian orientaon and educate theuser community and make the use of law library and

its holdings at an early stage. 

In conclusion, it may be stated that legal

informaon is available in large quanes in variety

of forms and formats from dierent sources. There is

a dire need to provide eecve legal informaon ser-

vices in support of legal educaon and legal research.

The changing role of academic law libraries in devel-

oping professional skills among the legal professionals

has become more enhanced. Providing advance legal

reference services is crical to the success of a law

librarian in the contemporary compeve environ-

ment. Informaon and communicaon technology is

taken advantage by majority of law librarians in devel-

oped countries to oer more value added services to

their users. 

Dr. Burra Manikya Rao, Library Incharge, 

Damodaram Sanjivayya Naonal Law University 

thMarch

olly LLB is an upcoming Bollywood comedy drama lm directed by Subhash Kapoor. The lm features Arshad Warsi, Amrita

ao and

 Boman Irani in lead roles. The lm is expected to release on 15th March 2013.

he lm is a social sare on the law system of  India. The story follows a struggling lawyer named Jolly (Arshad Warsi) who wants

o become India's greatest lawyer, however all of his cases seem to op. He comes to Delhi in search of that case and he gets in-

olved in a case with India's exisng popular and expensive lawyer, Rajpal (Boman Irani). Rest follows on-screen. 

Editorial Board

rof. Dr. R.G.B. Bhagavath Kumar : Editor-in-Chief  

r. Dayananda Murthy C.P : Member, Chief Advisory Board 

. V. Vishnu Kumar : Member, Chief Advisory Board 

arath Chandra Javvaji : Editor

laap Thomas Alex : Execuve Editor,

avan K Rao Polkampally : Associate Editor & Design Head 

nkit Kumar : Deputy Editor & Cartoonist, Pawar Garvit and P.S. Arun : Assistant Editors