bout the Institute The idea of ‘Symbiosis’ is nurtured by Dr. S. B. Mujumdar on the principles of Vedic thought ‘Vasudhaiva Kutumbakam’ which means ‘World as One Family’. Symbiosis Law School (SLS) Hyderabad was established in 2014 inheriting splendid novelty, dynamism and excellence in the education of Symbiosis International University, Pune. bout the Centre Established in 2018, the Centre for Corporate and Competition Law (CCCL) is a student-run centre aiming to provide a platform for students of the institute to explore and learn more about the nuances of Corporate and Competition Law, and to prepare them for the corporate world. To advance our agenda, CCCL has been successful in conducting multiple landmark events in the history of our institute, which has carved a niche corner for our centre within the legal fraternity. Amongst others, CCCL conducted our flagship event, the first-ever National Corporate Restructuring Competition in India in 2019. We have also spread our roots into banking law by conducting a three-day value-added course on Insolvency and Bankruptcy Code. Over the past two years, we have invited eminent personalities like Mr. Dhanendra Kumar, first Chairperson of the CCI and Dr. K. D. Singh, Joint Secretary for Law at CCI conduct webinars on relevant topics. bout The Events There will be a total of two event that will be hosted by the Centre. a. A One-Day National E-Conference b. A National Discussion bout The E-Conference In the modern economy, the corporate sector has been assigned the leadership for ensuring the growth process. To carry forward the growth, the companies in India require a conducive legal environment with appropriate corporate and commercial laws. The developed countries and the transnational economic institutions like WTO need to have an ease of business and trade to work in. By taking giant steps, India has moved into

Black and white. Black and gray. Maybe navy and cream. Women lawyers often have a hard time stepping beyond traditional conservative colors when choosing what to wear. But if you’re tired of the way those colors make you feel and ready to change things up a bit, you’ll appreciate Melanie Lippman’s latest video on how to wear color appropriately.  Step Two of the Confront Your Closet Challenge Is All About Color In the first “Confront Your Closet” Challenge we focused on why the idea of getting dressed to go back to the office or meetings is so hard. So many emotions come up — it’s as if we’ve forgotten how to get dressed. For the first homework assignment, I asked you to write down your non-negotiables. What are you no longer willing to put up with when it comes to your closet? If you didn’t complete step one, be sure to watch the first video here. Now, let’s talk about adding color to your closet. Wait, What Is the Confront Your Closet Challenge? The “Confront Your Closet” Challenge is designed to help you get clarity and control over what’s going on in your closet so that you feel empowered by the way you’re getting dressed every day. Every video will give you an action item to help you change your mindset on getting dressed or provide a tip you can take into your closet. This is not about spending big money; the goal is to help you learn how to use your wardrobe in a completely different way. Finding your style, getting dressed without stress, and wearing clothes that flatter you are skills you can learn easily. Learning How to Wear Color Wearing color can be a little challenging for female lawyers because they don’t ever want to look inappropriate.

Historical Perspective India has a long history of marine trading both within and outside of its oceanic borders. Various historical documents claim that many merchants and traders travelled to India in ancient times to exchange products and services, and vice versa. In this field, numerous laws, rules, and regulations have been enacted. Post-independence, the Indian government gave careful consideration to enacting several rules and legislation to ensure safe and efficient maritime trade. Various laws implemented by the Colonial Government such as the Inland Steam Vessels Act, 1917, the Coasting Vessels Act, 1838, the Indian Ports Act, 1908, the Indian Merchant Shipping Act, 1923, the Merchant Seamen (Litigation) Act, 1946, the Control of Shipping Act, 1947, the Merchant Shipping Laws (Extension to the Acceding States and Amendment) Act, 1949, etc. All the above laws and statutes were not according to the prevailing Indian System. As a result, post-Independence, the government enacted new rules and ordinances to improve existing coastal trading practices. In addition to the above-mentioned Acts, British legislators enacted several laws and statutes governing various aspects of the Indian shipping sector between 1823 and 1940, including salvage, certification of seafarers, ship-liability, owner’s safety, and line conventions, and others. The jurisdiction for trial and adjudication of cases related to Shipping and Admiralty Acts in India was vested in the High Courts at Madras, Bombay, and Calcutta. Even during the post-independence period in India, the jurisdiction of Admiralty Courts of India was still with the colonial powers. In the case of M. V. Elisabeth v. Harwan Investment and Trading Pvt Ltd, it was held that the High Courts of India hold a superior status than any other Court of law for deciding matters within India. The Indian High Courts were said to have unrestricted jurisdiction and that their decisions were final and

The Apex Court, while setting aside NCDRC order, made an observation that rejection of insurance claim would be valid if the insured vehicle is found being used or driven without a valid registration. The bench made this observation as unavailability of valid registration would constitute fundamental breach of terms and conditions of the contract of insurance. In the instant case, the policy-holder had purchased a vehicle with temporary registration. Even though the registration had expired, the policy-holder travelled outside his residence and parked his vehicle at a premises from where later the vehicle had been stolen. Due to the incident, the policy-holder had claimed insurance but the same had been rejected on the ground that vehicle had not been registered. The policy-holder then approached DCDRC and claimed relief against insurer. However, the complaint had been dismissed. On an appeal before SCDRC, it had been held that insurance claim could not be repudiated on petty, technical and frivolous grounds. The forum blamed the insurer for escaping from its liability to indemnify the policy-holder/complainant for the loss of his vehicle. The revision petition preferred by the insurance company had also been rejected. Before the Supreme Court, the insurer contended that since the vehicle in question did not have permanent registration, which amounted to fundamental breach of policy, it had been entitled to reject the claim of policy-holder/respondent. The counsel on behalf of complainant/respondent argued that the compensation had been sought on ground of accident and not theft, thus the policy could not be applied in the case of complainant. The bench observed that in case of an insurable incident which bears the tendency of occurrence of liability, there should not be fundamental breach of terms and conditions provided in the contract of insurance. The bench placed reliance on the case of Narinder

Many lawyers dream of pursuing writing as a side hustle. As these three lawyers show, there’s more than one way to make it work.  Gone are the days when a law firm might only have a secondary income from a related business, such as a title company. Now, law firms and lawyers are moonlighting as business development consultants, app developers, coaches of all kinds, continuing education providers, and fiction and nonfiction authors. Talk about side hustles! And some are quite lucrative. Many lawyers have learned to harness the power behind their writing skills to build communities of like-minded individuals and reach a broader audience than those they serve every day. Why do they do it? There are myriad reasons. Primarily, a book is a lawyer’s way of standing out in the crowd. Given that thousands of people express a desire to write a book, yet only a small percentage actually follows through, becoming an author — even a self-published one — carries a certain amount of prestige. It also can help lawyers reach their target market, promote the collective experience within their firms, and position themselves as thought leaders. Three Paths to Writing as a Side Hustle Legal Publishing and Legal Apps With Greg Siskind Publishing books is a longtime side hustle for Greg Siskind of Siskind Susser PC in Memphis. He has either published or co-published several mainstream books through Thomson Reuters, the ABA and others. He even started his law firm using royalties he received from a popular publication he co-authored with a colleague. Siskind’s publishing house, Alan House Publishing, now has three immigration law books to its name, all co-authored by Siskind with colleagues in his firm. “A few years back, I saw the changes happening in the publishing industry and realized that an author could much

FRANCHISE AGREEMENT SAMPLE DRAFT FRANCHISE-AGREEMENT FRANCHISE AGREEMENT  THIS AGREEMENT (the “Agreement”) is made this ___day of ___, 20___, by and between: Burger Legal Private. Ltd., a company incorporated under the laws of India, whose office is at………………..; (hereinafter referred to as “the Franchisor”) AND Mr Rohit Pradhan, s/o Dayanand Pradhan, Resident of Patna, having its PAN Number ABCDEF. (hereinafter referred to as “the Franchisee”) The Franchiser and the Franchisee hereinafter collectively referred to as the “Parties” and individually as a “Party”. RECITAL WHEREAS: The Franchisor has developed methods for establishing, operating and promoting restaurant selling varieties of burger and fast-food products (“BURGER LEGAL Cafes” or “Cafes”) using the service mark “BURGER LEGAL” and related trade names and trademarks (“Marks”) and the Franchisor’s proprietary methods of doing business (the “Licensed MethodsThe Franchisor grants the right to others to develop and operate BURGER LEGAL Cafes, under the Marks and pursuant to the Licensed Methods.The Franchisee desires to establish a BURGER LEGAL Cafe at a location identified herein or to be later identified, and the Franchisor desires to grant the Franchisee the right to operate a BURGER LEGAL Cafe at such location under the terms and conditions which are contained in this Agreement.DEFINITIONS Commencement date shall be… Confidential information shallmean all information… Intellectual Property Rights shall include… Location shall mean the premises of the ABC Complex at Rohini, Delhi. Method shall mean the methods, techniques and processes developed by the Franchisor; Trademarks shall mean the names, trademarks and service marks owned by the Franchisor and include inter alia; Products shall mean, all varieties of Burgers, French Fries, Aerated drink and other eating items of the Franchisor bearing any of the Trademarks; Term shall mean the period fifteen years from the commencement date; Turnover shall mean gross revenue of the Franchisee’s store. GRANT OF

The Apex Court reprimanded ace firecracker manufacturers of India for using restricted chemicals like barium salts in the firecrackers. The bench considered this act of top six firecracker manufacturers as “flagrant violation” of its orders. In the instant case, the bench had been hearing an application which alleged that the firecracker manufacturers have violated the orders passed on February 10, 2017, which had banned the usage of certain chemicals. Their usage had been prohibited for the manufacture of firecrackers as the same were dangerous and beyond safety limits. The bench took into consideration the preliminary inquiry report which had been submitted by the Joint Director, Central Bureau of Investigation and recorded that its earlier orders on use of barium salts and labelling of firecrackers had not been complied with. The Additional Solicitor General, appearing for Ministry of Environment, Forests, and Climate Change, submitted before the bench that various research reports had been complied and mechanisms had been suggested to make sure that the earlier orders of Courts, w.r.t. the regulation of firecrackers, are complied with. However, the bench provided one last opportunity to the respondents to put forward their case and file their counter-affidavits in the case. Also, the bench pointed out that its direction for manufacture of green firecrackers had still not been implemented. The bench did not pass any fresh orders rather, directed the manufacturers to comply with its previous orders. The Supreme Court addressed the sufferings of general public and remarked that every-day celebration, which includes burning of firecrackers, could not be allowed as the consequences surge the sufferings of asthmatic people and children, and in some cases, it results in death of patients. The post SC admonished firecracker manufacturers for violating its orders appeared first on LexForti Legal News & Journal. Did you miss our previous

The Apex Court, while setting aside the High Court judgment, made an observation that retrospective seniority could not be claimed as of right and that to from a date when the employee had not been even borne in service. In the instant appeal, the employer/authorities had rejected the claim of employee who had sought for seniority from the year 1985 on the ground that he had been appointed as an employee upon the direction of Supreme Court in the year 1996 and had not been borne in service in the year 1985. Upon the rejection of claim, the order had been challenged before the Patna High Court, which directed the authorities to consider employee’s seniority from 1985. Thereafter, the order of Patna High Court had been appealed before the Supreme Court and these issues had been raised – whether seniority in service could be claimed from a retrospective date; and whether the employee would be entitled to the benefits accrued from seniority from the date he entered the service. The bench referred to a catena of judgments and observed that benefit arising out of seniority accrues only after the employee joins the service. It further observed that the ruling that benefits could be earned retrospectively stand erroneous in the eyes of law. The bench explained that allowing retrospective seniority bears the tendency to affect other employees who had earlier entered into the service. While setting aside the order passed by High Court, the court held the action of authorities, in determination of employee’s seniority from the date he joined the service, stands in parlance with the governing laws. The post Seniority benefits cannot be earned retrospectively- SC appeared first on LexForti Legal News & Journal. Did you miss our previous article… https://www.itcse.org/?p=68

Why is it that so many lawyer presentations suffer from “hanging fragmentitis”? Here’s how to stop yourself from constantly editing, restarting and revising out loud. When we speak, why do we so often fail to finish our sentences? Linguists must know the answer to this question, but I am at a loss. All I’m sure of is this: Lawyers find it difficult — often impossible — to finish sentences. They have some kind of built-in resistance to committing to a period. Commas, ellipses and random question marks — yes. Periods — no. Here’s what I mean. A lawyer stands up to make a presentation to colleagues, an opening statement or a motion to a judge. She states her topic or theme, often (but far from always) in a single sentence. And then, she’s off to “The Land of the Never-Ending Sentence.” There isn’t a period to be heard for minutes on end: “Mrs. X has been afraid for her life since the night her husband stabbed her with a kitchen knife.” (This is the complete sentence.) “Mr. X had threatened her on numerous occasions, and the police had been … uh … called to their residence more than once and in 2009 alone officers were called by … uh … by either a neighbor or the caretaker of the condos or even by Mr. X himself … uh … on one occasion, and so she has been scared and worried, especially for the … um … effect of the potential violence on her two young daughters, who she sent away to live with her … um … sister.” And so on and on … and on. Eventually, the story emerges from the thicket of verbal litter. Participles dangle, prepositional phrases attach themselves, as if by their own accord, to the

In initial meetings with lawyers, I like to have them tell me what they’ve done in marketing and business development — what has worked and what hasn’t and what they are trying to accomplish. I’ll never forget my first coaching meeting with one junior partner. When I asked her for her business development goals, her response was simple: “I just want to stop shooting myself in the foot.” She made a good point. Whether it’s informal conversations with referral sources or formal presentations with prospects, lawyers often are their own worst enemies. There are many things you should — or shouldn’t — do when faced with a business development opportunity. Avoiding missteps will vastly improve your odds of success. Seven Common Business Development Mistakes Here are some of the most common errors I see lawyers make in their business development efforts. 1. Lack of preparation. Thinking about the meeting on the drive over to the client’s office isn’t sufficient. One of the keys to an effective approach is to be well-prepared. This includes researching the company, the person, the opportunity and the competition, among other things. It also includes preparing your approach — how will you open the meeting, what roles will people play, what questions do you need answered, what are the primary points you want to make … the list goes on and on. 2. Lack of messaging. One of the goals of your preparation is to anticipate concerns or inquiries that might come up in the meeting. What objections might prospects have to hiring you? What questions might they ask about the firm or your experience? For example, a target may ask you how your firm differs from the competition. Without an appropriate and concise response at the ready, you can come off as uncertain or even defensive.