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March10th 2012


Abhyaas Law Bulletin

For the quintessential CLAT aspirant
The Scoop Of The Month The Editors Column Dear Student, Welcome to the March edition of the Abhyaas Law Bulletin. The last month witnessed general elections to Assemblies in five states. The Congress partys performance could at best be described as disastrous. The party finished fourth in UP, lost Goa and Punjab. It got just one seat more than BJP in Uttarakhand and it regained power with an impressive majority in Manipur. The results spell trouble for the ruling UPA with the allies expected to act tough. The BJP ruled states and states ruled by regional parties oppose the Centre's plans to create a National Counter-Terrorism Centre (NCTC) alleging attack on powers of the state. The TATAs filed a review petition in the Supreme Court on the 2G spectrum verdict. The Indian Mens Hockey team qualified for the 2012 London Olympics after defeating France in the qualifiers. Ace Indian batsman Rahul Dravid announced his retirement from International cricket after an illustrious career spanning 16 years. The 59th National Film Awards were announced and as expected, Vidya Balan won the Best Actress award for her role in The Dirty Picture. Happy Reading !

SP sweeps UP Elections and throws BSP out of power.

In a stunning electoral performance that decimated the ruling Bahujan Samaj Party in Uttar Pradesh, Mulayam Singh's Samajwadi Party won 224 Assembly seats, relegating the national parties BJP and Congress to a poor 3rd and 4th place respectively. Even though the gap in seats between the SP and the BSP was over 140, the vote share difference was only about 2.5 per cent, indicating that the outgoing Chief Minister, Mayawati, had retained her core vote. In the other four States whose results were also declared on March 6th, the Shiromani Akali Dal (SAD)-led government in Punjab defied the pollsters and made history, becoming the first since the State was created in 1966 to win two consecutive elections. In Goa, the BJP ousted the Congress from power; winning 21 to the latter's 9. The Congress returned the compliment in Uttarakhand, narrowly defeating the BJP, while comfortably retaining the north eastern State of Manipur. If the people's verdict in the five States brought little cheer to the two national parties, for the ruling Congress, it was particularly grim: by coming in fourth in U.P., adding less than a half a dozen Contd..

(Rakesh Dubudu)

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

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March10th 2012 National: seats to its 2007 score of 22, questions about the Congress' ability to spearhead a revival in the Hindi heartland began to be asked again, with its heir apparent Rahul Gandhi in the dock. The party's victory in Uttarakhand, by a whisker, was cold comfort, even though it ensured that the BJP's Chief Minister, B.K. Khanduri, lost his own seat. Only Okram Ibobi Singh, who was virtually written off after last year's crippling economic blockade in Manipur, scripted a splendid hattrick for the Congress in the strife-torn State. For the BJP, its joy in snatching Goa from the Congress and returning to power in Punjab as the junior partner, was more than offset by its dismal showing in U.P., where it could not even maintain its 2007 score of 51. The BJP, like the Congress, had staked a great deal in U.P., hoping that an improvement in its fortunes would pave the way for the big national showdown in 2014. If the Congress's poor strategy and lack of organisation failed it in the State, the BJP was not just a divided house its admitting the tainted Baburam Kushwaha erased the gains it had made by its skilful riding on the coattails of the Anna Hazare anti-corruption movement. The big story was, of course, the father-son duo of Mulayam Singh and Akhilesh Yadav who powered the SP to a brilliantly strategised electoral triumph. If Mr. Mulayam Singh, who will be the next Chief Minister of U.P., for a fourth time, was the inspiration for his clan of Yadavs, desperate to be back in power after a five year drought, it was his 39-year-old son who was the star of the show. Akhilesh Yadav covered 10,000 km on his cycle of hope, addressed 800 rallies in six months and transformed the image of the party. In doing so, he added a whole new constituency to his party ,if his infectious smile and easy manner acted like a magnet for the youth, his tech savviness, combined with the party's manifesto promise of laptops and tablets for students, gave the party a contemporary look. Finally, his shunning of strongman D.P. Yadav sent out the message that the SP wanted to shed its image of a party of muscled lawbreakers. In Punjab, another father-son duo, Parkash Singh Badal and Sukhbir Singh, rode back to power battling accusations of nepotism and corruption, winning 56 seats in the 117-member Assembly, against the Congress' 46, dashing Captain Amarinder Singh's hopes of becoming the Chief Minister. The SAD's partner, the BJP, lost seven seats, winning only 12 against 19 in 2007. Two local parties, the People's Party of Punjab, led by Manpreet Singh Badal, a rebel cousin of the Badals, and the Shiromani Akali Dal (Amritsar) headed by the maverick ex-cop, Simranjit Singh Mann, together secured 10 per cent of the vote, evidently damaging the Congress rather than the SAD's prospects. As in the case of the SP in U.P., Sukhbir Badal told journalists that his octogenarian father would be the Chief Minister again. In Goa, the IIT-educated Manohar Parrikar, whose campaign against the Congress-led government on the issue of illegal mining became a rallying point for anti-Congress sentiment in the State, will be the Chief Minister for a third time. Supreme Court strikes down Arms Act provision for mandatory death penalty

The Supreme Court on February 1st declared unconstitutional Section 27 (3) of the Arms Act, which provides for mandatory death sentence to an accused charged with an offence under this provision. Section 27(3) says: Whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of Section 7 and such use or act results in the death of any other person shall be punishable with death. A Bench of Justices A.K. Ganguly and J.S. Khehar said: A law which is not consistent with notions of fairness while it imposes an irreversible penalty like death is repugnant to the concept of right and reason. Writing the judgment, Justice Ganguly said the scope of Section 27(3) was very wide in that anything done in contravention of Section 7 and with the use of prohibited arms and ammunition resulting in death would attract the death penalty. Even if an act done in contravention of Section 7, namely, acquisition or possession or manufacture or sale of prohibited arms results in the death of any person, the person in contravention of Section 7 shall be punished with death. The Bench held that this provision was against the fundamental tenets of the constitutional law and ultra vires the Constitution.

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March10th 2012 Lakshya-1' test-flown successfully India's indigenously developed micro-light pilotless target aircraft Lakshya-1' was successfully test-flown from the Integrated Test Range at Chandipur, in Orissa on Feb 8th. 59th National Film Awards announced Best Feature Film: Shared by Deool (Marathi) and Byari (Byari) Indira Gandhi Award For Best Debut Film of a Director: Aaranyakandam (Tamil) Award for Best Popular Film Providing Wholesome Entertainment: AzhagarsamiyinKuthirai (Tamil) Best Childrens Film: Chillar Party(Hindi) Best Direction: GurvinderSingh for Anhe Ghorey Da Daan (Punjabi) Best Actor: Girish Kulkarni for Deool (Marathi) Best Actress: Vidya Balan for The Dirty Picture (Hindi) Best Supporting Actor: Appu Kutty for Azhagarsamiyin Kuthirai (Tamil) Best Supporting Actress: Leishangthem Tonthoingambi Devi for Phijigee Mani(Manipuri) Best Child Artist (Shared): Partho Gupte for Stanley ka Dabba (Hindi) Irrfan Khan, Sanath Menon, Rohan Grover, Naman Jain, Aarav Khanna, Vishesh Tiwari, Chinmai Chandranshuh, Vedant Desai, Divij Handa and Shriya Sharma for Chillar Party(Hindi) Best Male Playback Singer: Anand Bhate for Balgandharva(Marathi) Best Female Playback Singer: RoopaGanguly for Abosheyshey (Bengali) Supreme Court asks what action has been taken against ex-CJI The Supreme Court on February 13th asked the Centre to brief it on whether it had conducted an inquiry on the disproportionate assets allegation against the former Chief Justice of India and National Human Rights Commission (NHRC) chief K.G. Balakrishnan. A Bench headed by Chief Justice S.H. Kapadia directed the government to respond within a month on the action taken or intended to be taken on the allegation that the former CJI acquired properties worth Rs. 40 crore in his relatives' names between 2004 and 2009.

World Bank chief Zoellick decides to step down World Bank President Robert Zoellick has announced to step down at the end of his fiveyear-term in June, giving rise to speculation that the Secretary of State, Hillary Clinton, may be headed to replace him, which was immediately denied by her aide.

Indian diplomat asked to pay $1.5 million to ex Maid A New York City Magistrate recommended that an Indian diplomat, Neena Malhotra, and her husband Jogesh be required to pay out nearly $1.5 million for forcing an Indian girl, Shanti Gurung, at the time said to be underage, to work without pay and meting out barbaric treatment to her in their plush East 43rd Street Manhattan apartment. According to reports the Malhotras induced Ms. Gurung to work without pay by seizing her passport and visa, restricting her ability to leave their apartment, and constantly warning her that if she traveled on her own without their permission, she would be arrested, beaten, raped and sent back to India as cargo', in the words of Magistrate Judge Frank Maas.
India no more a polio-endemic country: WHO The World Health Organisation (WHO) has removed India from the list of polio-endemic countries, suggesting that the wild polio virus had been totally eliminated from the environment. The disease paralysed thousands of children every year for several decades. This announcement was made by Health and Family Planning Minister Ghulam Nabi Azad here at the Polio Summit 2012 in the presence of Prime Minister Manmohan Singh, amidst a thunderous applause. The feat came after India successfully completed an entire year without an incidence of polio. Mr. Azad said he received a letter from the United Nations body stating that the WHO has taken India's name off the list of polio endemic countries in view of the remarkable progress that we have made during the past one year.

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March10th 2012

This month in pictures:

Rahul Dravid retired from International Cricket

Madhukant Girdharlal Sanghvi is the new CMD of Syndicate Bank

AP Governor ESL Narasimhan rejected four names proposed by the government for the post of Information Commissioners

The Indian Mens hockey team qualified for the 2012 Olympics by defeating France in the qualifiers

James Murdoch resigned as executive chairman of News International amid fresh allegations that he attempted to cover-up the scandal.

Spotlight: Dr. Ram Manohar Lohia National Law University, Lucknow

The Rajiv Gandhi International Airport (RGIA) has been adjudged as the third best airport in the world in the 5-15 MMPA category by Council International (ACI).

Dr. Ram Manohar Lohia National Law University (RMLNLU),is a university in Lucknow,Uttar Pradesh. The University is fully funded by the state government. The university was established by an act of the government of Uttar Pradesh in 2005 (U.P. Act No. 28) and officially opened on 4 January 2005. The university has been declared "fit to receive grants" by the UGC under Section 12 (b) of the UGC Act, in December 2011. Admission to the university is through the Common Law Admission Test. The intake for the 5 year B.A., LL.B course is 160 including all reservations. The University sustains its vibrant intellectual life and strong community spirit by encouraging collaboration and new ways of thinking, seeking new ways to support its work, and providing the finest facilities to its students. To provide easy access to the internet, campus wide wi-fi facility has been made available to the students. The library also provides the students with a web gateway, it houses 60 computers which are open to all. The university takes utmost care of physical health of the students. Various sports and other recreational facilities are available to the students which include a plush gym with high end modern equipments, football field, a multipurpose indoor sports complex, and upcoming Olympic size swimming pool, Lawn tennis and badminton courts . The university boasts of high-tech seminar halls and moot court halls, with audio-visual recording facilities.

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