January 10th 2012

ALB20120101

Abhyaas Law Bulletin

For the quintessential CLAT aspirant
The Scoop Of The Month Lokpal Bill has to wait. Rajya Sabha adjourned abruptly without vote. The Editors Column Dear Student, Welcome to this years first Abhyaas Law Bulletin. CLAT notification is out and the countdown has begun. The good news is that 14 national law schools will admit students based on CLAT scores this year and about 1600 seats are up for grabs. The Lokpal debate continued in the Parliament. After heavy drama for three days, the Rajya Sabha was adjourned abruptly without voting on the bill. The Bill is now expected to be passed in the Budget session. The winter session of the parliament was disrupted by the opposition on many issues ranging from FDI in retail to the 2G scam. There was increased tension between Tamilnadu and Kerala over the Mullaperiyar Dam issue so much so that the Supreme court asked both the states to maintain restraint The relations between the US and Pakistan reached a new low after the US vacated the Shamsi airbase in Pakistan after the NATO attack that killed 24 Pakistani soldiers. Meanwhile, leaders of a U.S. House-Senate negotiating panel unanimously agreed to freeze $700 million in aid to Islamabad.

After the Lok Sabha passed the Lokpal bill, there was high drama in the Rajya Sabha over the Lokpal and Lokayukta Bill. It took acrimonious turns during the over 12-hour debate on December 29th and ended abruptly at the stroke of midnight without the House taking a vote on the Bill as it ran out of scheduled time. The House was adjourned sine die by Chairman Hamid Ansari after a verbal duel marred proceedings since 11.30 p.m. as some members including UPA ally Trinamool Congress interrupted Minister of State for Personnel V. Narayanasamy's stout defence of the provisions of the Bill that came under attack. With a vociferous opposition insisting that the Bill be taken up for voting straightaway and the government maintaining it needs time to reconcile contradictory 187 amendments moved by the members, din and confusion marked the proceedings. This is an unprecedented situationthere appears to be a desire to outshout each other. ( contd .)

Happy Reading !

(Rakesh Dubudu)

Index:
Page 2: National Page 3: International Page 4: Spotlight

The Law Bulletin

www.abhyaas.in

Page 1

January 10th 2012 National: There is a total impasse. The House cannot be conducted in the noise that requires orderly proceedings, I am afraid the Chair has no optionmost reluctantlyI am afraid I can't and,'' Mr. Ansari told the House as he asked for the national song Vande Mataram to be played, signalling the end of the proceedings and the extended winter session of Parliament. Commotion began some 30 minutes away from the deadline as the ruling coalition led by the Congress and the Opposition engaged in a procedural wrangle pushing the fate of the Bill to the last minute with members expressing anxiety over adjournment of the House on expiry of the last date of the Rajya Sabha. After a brief 15-minute adjournment between 11.30 and 11.45 p.m., Parliamentary Affairs Minister Pawan Kumar Bansal, said the decision on extension of the House cannot be taken up on the grounds that it is the prerogative of the government to call for a session including an extension and it needed time to study the amendments moved by members to have the Bill taken up for passage. Leader of the Opposition Arun Jaitley charged that the government was running away from Parliament and that it amounted to the UPA being reduced to a minority and that the House and not the government should decide how long it should sit. A government which did not have the numbers in the House has consciously first choreographed a debate so that it cannot be concluded before 12 o' clock, Mr. Jaitley said. Sitaram Yechury (CPI-M) said the House had been waiting since Wednesday for the Bill to arrive for discussion which came only on Thursday, the last day of the sitting. As the Opposition insisted that the Bill be put to vote without delay, Mr. Bansal said the government was willing provided the House passed the Bill voted by the Lok Sabha on December 27th. This meant that the amendments proposed to be moved by the Opposition would have to be kept aside. As stalemate and wrangling continued, the Chairman called an end to the proceedings. Bills Passed by Parliament during the Winter Session 1. The Constitution (One Hundred and Eleventh Amendment) Bill, 2009 - Amends the Constitution to include framework for cooperative societies. 2. The Regulation of Factor (Assignment of Receivables) Bill, 2011 - Provides for regulation of assignment of receivables, and specifies the obligations of contracting parties. 3. *The Export-Import Bank of India (Amendment) Bill, 2011 - Increases the authorized capital and creates post of two whole time Directors. 4. The Academy of Scientific and Innovative Research Bill, 2010 - Establishes Academy of Scientific and Innovative Research, as an institution of national importance. 5. *The Constitution (Scheduled Tribes) Order (Amendment) Bill, 2011 - Modifies the list of Scheduled Tribes in the States of Manipur and Arunachal Pradesh. 6. The New Delhi Municipal Council (Amendment) Bill, 2010 - Amends composition and power of members of the New Delhi Municipal Council. 7. *The Appropriation (Railways) No. 3 Bill, 2011 - Authorizes expenditure of the Railways. 8. The Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Amendment Bill, 2010 - Prevents pilferage and sabotage of petroleum products. 9. The Damodar Valley Corporation (Amendment) Bill, 2011 - Reconstitutes the DVC to have Chairman and nine members instead of Chairman and two members. 10. The Company Secretaries (Amendment) Bill, 2010 - Permits Limited Liability Partnership (LLP) structure. 11. The Cost and Works Accountants (Amendment) Bill, 2010 - Permits LLP structure. Also changes name of the institute to the Cost and Management Accountants of India. 12. The Chartered Accountants (Amendment) Bill, 2010 - Permits Limited Liability Partnership (LLP) structure.

The Law Bulletin

www.abhyaas.in

Page 2

January 10th 2012 International 13. The Prasar Bharati (Broadcasting Corporation of India) Amendment Bill, 2010 - Clarifies the status of employees deputed to Prasar Bharati 14. *The Cable Television Networks (Regulation) Amendment Bill, 2011 - Regulates cable operators and digitalize the analog TV network. Also, appoints an authority to grant registrations. 15. *The National Capital Territory of Delhi Laws (Special Provisions) Second Bill, 2011 - Seeks to extend moratorium on sealing of illegal structures in Delhi till 31 December, 2014. 16. The Life Insurance Corporation (Amendment) Bill, 2009 - Raises capital of LIC to Rs. 100 crore and permits the government to decide the level of guarantee on policies. 17. *The Appropriation (No. 4) Bill, 2011 Authorizes expenditure from the Consolidated Fund of India. * These were introduced during the Winter Session 2011 Dow to drop logo from London Olympic stadium Status of Government Bills after Winter Session 2011 Dow Chemical has agreed to drop its logo from London's Olympic stadium, but the Indian Olympic Association has said it is not satisfied and wants the U.S. firm to remove its sponsorship for the 2012 Games. Dow said it agreed to the vision of the Games by waiving its sponsorship rights to place its brand on a controversial fabric wrap for the stadium, after campaigners protested, furious as they were at the company's links to the Bhopal gas disaster. Dow was made a sponsor of the London Games by Lord Coe's organizing committee (Locog) in August. The agreement between Dow and Locog was limited to branding of five test panels' that were to be removed in the months before the Games and were not part of the final design, Dow spokesman Scott Wheeler was quoted as saying by Sunday Express , a British newspaper. In mid-summer, Locog and Dow discussed Dow deferring the rights to these five panels to allow free and full execution of the design as determined by Locog. Dow agreed to this to support Locog's and London 2012's vision for the stadium wrap, he said. Tagore's notebook fetches $1,70,500 at Sotheby's A previously unknown notebook of Nobel Laureate Rabindranath Tagore, containing his poems and other works, dating back to 1928, fetched $1,70,500 at a Sotheby's auction. It contained 12 poems and lyrics for as many songs in Bengali, including some heavily amended drafts of his subsequently published works. Two of the lyrics in the collection were later included in the dance drama Chitrangada , first performed in 1892 and then modified and extended in 1936. Three other lyrics were included in Tagore's three-volume song collection, Gitabitan, published in 1931. Tagore had in the mid-1930s presented the notebook to a family friend and early patron, through whose family it has descended. It was estimated to fetch $1,50,000-2,50,000.

Bills pending before session Bills introduced during session Bills passed during session Bills withdrawn during session
Bills negatived during session Bills pending after session

86 30 17 2
1 96

Aviation Ministry agrees to 26% FDI

The Civil Aviation Ministry has agreed to the proposal for allowing foreign carriers to buy a 26 per cent stake in private airlines, sources said. Earlier, the Ministry proposed a cap of 24 per cent. High Court suspends two Vizag judges The A.P. High Court has temporarily suspended two Additional District Judges of Visakhapatnam, on the ground of suspicion expressed in the judgments passed by them in the past.

The Law Bulletin

www.abhyaas.in

Page 3

January 10th 2012

This month in pictures:

A siberian court in Russia rejected a petition seeking a ban on Bhagavadgita

Eminent nuclear physicist P.K. Iyengar passed away. He played a leading role in India's first peaceful nuclear explosion in 1974

Eminent cartoonist Mario de Miranda passed away in Goa

Rajasthan High Court rejected an appeal from Pakistani virologist Khaleel Chishty, who is undergoing the life sentence in Ajmer jail.

In action-packed 2011, Supreme Court cleared over 79,000 cases

Spotlight: National Law Institute University, Bhopal

Indian student Anuj Bidves murder will be treated as a racially motivated hatecrime - British Police Authorities

National Law Institute University, Bhopal was established in 1997 by the Act No. 41 of the State Legislature of Madhya Pradesh in 1997. The University launched its first academic programme in 1998. Recognized by the Bar Council of India, the university admits 98 undergraduates each year through the Common Law Admission Test (CLAT),who complete 15 trimesters before being awarded a combined B.A., LL.B (Hons.) degree. The post-graduate course offered at the university is the LL.M. degree. The University is a member of the Association of Indian Universities and the patron of the university is the Hon. Chief Justice of India. It works closely with the High Court of Madhya Pradesh, as well as the neighboring National Judicial Academy. The year is divided into three trimesters of 70 working days each. The lectures are accompanied by extensive teaching material prepared and consistently revised by the faculty. The University seeks to provide students with ample opportunity to gain practical experience in the concerned field. The internship and clerkship programmes are fundamental part of the education at NLIU. All the students of the previous batches are well placed in the reputed offices in the Country and abroad. Many law firms, leading advocates, MNCs, financial institutions, NGOs and international organizations have offered internships and recruited NIU students.

Feel free to write to: lawprep@abhyaas.in

We dont wish to print this journal, save paper, avoid printing.

The Law Bulletin

www.abhyaas.in

Page 4